JUDGMENT - VISHNU SAHAI, J.:---Vide Judgment and Order dated 22-11-1993 passed in Sessions Case No. 93 of 1993, the learned Additional Sessions Judge, Solapur, convicted and sentenced each of the appellants in the manner stated hereinafter:-

i) Under section 302 read with 34 I.P.C. to suffer life imprisonment and to pay a fine of Rs. 250/- each in default to further undergo one month R.I. each; and

ii) under section 506 read with section 34 I.P.C. to suffer R.I. for 2 years and to pay a fine of Rs. 250/- each, in default, to further undergo one month R.I.

The sentences on both the counts were ordered to run concurrently.

Aggrieved by the aforesaid convictions and sentences, the appellants have preferred the present Appeal.

2. The prosecution case in brief runs as follows:-

The informant Jagannath P.W. 3 was the real younger brother of the deceased Prakash. On 25-12-1992 at about 3.00 p.m. while he and Prakash were present in Hannur Chowk, the three appellants, all real brothers, came there and demanded money from Prakash for consuming liquor. Prakash replied that he had no money. On that the appellants threatening to see him went away. At about 8.00 p.m. the informant and Prakash wer

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