JUDGMENT - VISHNU SAHAI, J.:---This appeal is directed by the appellants against the judgment and order dated 22-12-1987 passed by the IIIrd Additional Sessions Judge, Solapur in Sessions Case No. 90 of 1987, convicting and sentencing them as under:---

Appellants-

Gopal Anjayya Falmari )Under Section 323 r/w 34 IPC to suffer

and Govardhan Anjayya) imprisonment till the

Falmari. )rising of Court and

)pay a fine of Rs. 250/-

)i.d. to undergo S.I. for 3 months.

Nagnath Anjayya )Under section 304(2) IPC and

Falmari )sentencing him to undergo 3 years

)RI and to pay a fine of Rs. 2000/-

)in default of payment of fine to

)further undergo 6 months RI.

Along with the appellants, Sou. Upendrabai Gopal Falmari wife of appellant - Gopal was also prosecuted but, she has been acquitted by the learned Trial Judge.

2. The prosecution case in brief is that appellants are real brothers. The acquitted accused Suo. Upendrabai Gopal Falmari as stated above is the wife of appellant-Gopal Falmari, Govardhan and Sou Upendrabai Gopal Falmari are said to have been residing in the same house at the time of the incident. Appellant-Nagnath Falmari is said to have been living on rent in a r

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