JUDGEMENT - VISHNU SAHAI J.:---Vide judgment and order dated 27.1.1994 passed in Sessions Case No. 170 of 1991 the Second Additional Sessions Judge, Raigad, Alibag convicted and sentenced the Appellants in the manner stated hereinafter:

(i) Under section 302 read with 149 IPC to imprisonment for life;

(ii) Under section 148 IPC to suffer 6 months rigorous imprisonment;

(iii) Under section 147 IPC to suffer rigorous imprisonment for 3 months.

The sentences of the Appellants were ordered to run concurrently.

Hence this appeal.

2. The prosecution case in brief runs as under:

Suresh Kamble, P.W. 2, the deceased Babu @ Suraj and Gajanan Jadhav were friends. On the evening of 23.4.1991 the three of them had gone to Municipal garden in Panvel. They sat there till about 7.p.m. and thereafter returned to the house of Gajanan. They sat at Gajanan's house till 9 p.m. Thereafter they left for attending the Haldi function at the house of one Dattatraya Mahase. When they reached near Datta Hotel, Suresh Kamble and Gajanan Jadhav asked the deceased Babu to go the House of Mahase and see whether he was there. At that time appellants Sujit, Manoj, Ravi, Raju and Naresh were coming from cinema and

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