Judgment :-

RANJANA PRAKASH DESAI, J.

1. The two appellants (A1-Anil and A2-Ashok respectively) along with four others (A3Baba, A4-Kishor, A5-Shankar and A6-Mayabai) were charged for offences under Sections 147, 148, 302 read with Section 149 of the Indian Penal Code (for short, “the IPC”). Alternatively, they were also charged for offence under Section 302 read with Section 34 of the IPC. During the pendency of the trial, A3-Baba was murdered and, therefore, the case abated as against him.

2. The prosecution case rests on the evidence of PW-3 Meena, wife of Vijay Lambat (“the deceased”). On 13/12/1991 at 22:25 hours, she is stated to have lodged FIR at Wardha City Police Station. In her FIR, she stated that the deceased was a driver. On 13/12/1991, in the evening, she and the deceased were at their house. At about 8.00 p.m., A1-Anil, A2-Ashok and A5- Shankar came to their house. They gave her money and asked her to bring liquor. At that time, the deceased was sleeping. She sent her son to the neighbour’s house to bring liquor. When he brought liquor, they consumed it. Thereafter, they asked the deceased to accompany them for paan. The deceased told them that he was not well. Even t