JUDGMENT - Vimadalal, J.

1. This is a confirmation case in respect of the sentence of death passed by the Sessions Judge at Satara against accused No. 2 before him. The same has come up for hearing along with the appeal filed by original accused Nos. 1 and 2 from the conviction and sentence imposed upon them by the trial Judge. It may be mentioned that the trial Judge had acquitted the 3rd accused in the said case.

2. The facts necessary for the purpose of disposing of the matter before us are that accused Nos. 1 and 2 are brothers, and they had a third brother named Shankar who was married to the deceased Housabai. Shankar died some time in the year 1952, without issue and, after his death, Housabai adopted Varkari Sampraday and was residing in a Math at Pandharpur conducted by one Madan Maharaj. The deceased Madhav Buwa was the Secretary of the Math and witness Macchindra was also one of its inmates. Housabai used to reside in the premises of the Math after the death of her husband, but she claimed partition and separate possession of her share in the joint family property by filing Civil Suit No: 120 of 1960 against the two accused in the appropriate Court, and having succeeded in

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