JUDGMENT - VISHNU SAHAI, J.:---The appellants aggrieved by the judgment and order dated 28th September, 1990, passed by the Additional Sessions Judge, Pune in Sessions Case No. 233 of 1989, convicting and sentencing them to undergo 5 years R.I. and to pay a fine of Rs. 500/- each, in default to suffer R.I. for 3 months, have come up in appeal before me.

2.The prosecution case in short runs as under :---

Appellant Choklet Pawar is the father of appellants Suresh Pawar and Meetar Pawar. The victim Entivan Bhosale, P.W. 2 was sister's son of Choklet Pawar. There was enmity between the victim and the appellants because the former had refused to marry the daughter of the appellant Choklet Pawar about 1½ years prior to the incident. Relations between them were also strained because before the incident, the victim was prosecuted for offences of theft, dacoity under the Bombay Police Act and he had a feeling that the appellants were giving information to the police against him.

On 31st January, 1989 at about 10 a.m., while the victim was in his house, the appellants came in a rickshaw and asked him to accompany them to see a film in Natraj theatre. The victim sat alongwith them in the ricks

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