JUDGMENT - S.C. PRATAP, J.:---In Sessions Case No. 29 of 1980, Sessions Court, Kolhapur, original accused Nos. 1 to 3 were charged with the offence of having committed murder of one Rama Govinda Patil, being offence punishable under section 302 read with section 34 of the Penal Code. Original accused No. 1 was, in the alternative, charged for the substantive offence of murder of the said Rama Govinda Patil, punishable under section 302 of the Penal Code and accused Nos. 2 and 3 were in the alternative, charged with having shared common intention of accused No. 1 for committing the murder of the said Rama Govinda Patil and thereby committing an offence punishable under section 302 read with section 34 of the Penal Code. Accused Nos. 2 and 3 were further alternatively charged with having voluntarily caused simple hurt to the said Rama Govinda Patil by means of sticks and thus committing offence punishable under section 323 of the Penal Code. By judgment dated 19th January, 1981, the Sessions Court acquitted accused Nos. 2 and 3 of the charge under section 302 read with section 34 of the Penal Code. These two accused persons were, however, convicted for offence under section 352 read

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