JUDGMENT - JAHAGIRDAR, J.:---In Sessions Case No. 148 of 1974 tried by the learned Sessions Judge of Sholapur three persons were prosecuted for the offences punishable under section 302 read with section 34 and section 202 read with section 34 of the Indian Penal Code. Accused No. 1 is the father while accused Nos. 2 and 3 are his sons. The following table brings out the relationship between the parties :

Namdeo

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Krishna Accused 1 Babu

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Govind Accused 2 Gopal accused 3 Jayaram (deceased)

=Sindhu

Jayaram, who is the victim of the offence for which this prosecution was launched, is the nephew of accused No. 1 and the cousin of accused Nos. 2 and 3. They are all residents of village called Tadavale in Barsi Taluka of Sholapur District. We are not narrating the detailed allegations, which according to the prosecution led to the commission of this crime because it is not disputed that the crime had been committed and further because this appeal can be disposed of on a very narrow gr

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