JUDGMENT - S.D. GUNDEWAR, J.:---This appeal has been preferred by the appellant/accused being aggrieved by the judgment and order dated 24-8-1995 passed by the learned 5th Additional Sessions Judge, Nagpur, in Sessions Trial No. 65 of 1993, whereby the appellant/accused has been convicted under sections 302 and 324 of Indian Penal Code. For the offence punishable under section 302 of Indian Penal Code, the appellant/accused has been sentenced to suffer imprisonment for life. However, no separate sentence has been awarded to him for the offence punishable under section 324 of Indian Penal Code.

2. Briefly stated, the facts of the prosecution case are that the deceased Murlidhar Tukaram Dehare was the resident of village Khaparkheda, Taluka Parseoni, District Nagpur. P.W. 2 Gunaji is also resident of village Khaparkheda. The accused Nos. 1 and 2, who are the real brothers inter se, are residents of village Bhagemahari, while accused No. 3 is resident of village Pota. The accused Nos. 1 and 2 are the brothers of the wife of P.W. 2 Gunaji. It is alleged that the relations of accused Nos. 1 and 2 with P.W. 2 Gunaji are not cordial as the marriage of their sister with P.W. 2 Gunaji was solemnized against their wishes. Though P.W. 2 Gunaji is resident of village Khaparkheda, he owns some agricultural land at village Bhagemahari. At the relevant time the deceased Murlidhar was in the employment of Gunaji (P.W. 2).

3. On 3-10-1992 P.W. 2 Gunaji had been to village Bhagemahari along with deceased Murlidhar on Motor Cycle bearing No. MZT 4078 for making payment of wages to his labourers. On reaching village Bhagemahari, P.W. 2 Gunaji paid the wages to the labourers by sitting in the house of one Dhanraj Kelwade. Thereafter he and the deceased Murlidhar took their meals in the house of Dhanraj Kelwade and at about 11.00 a.m. they started going back to their village Khaparkheda on motor cycle. P.W. 2 Gunaji was driving the motor cycle while the deceased Murlidhar was sitting on its pillion seat. The way to their village passes from the side of the house of accused Nos. 1 and 2. On way, when they reached near the house of accused Nos. 1 and 2, Gunaji (P.W. 2) lowered down the speed of the motor cycle as there was a mud on the said way near the house of accused Nos. 1 and 2. At that very moment accused No. 1, who was armed with a stick, and accused No. 2, who was armed with a sickle, attacked P.W. 2 Gunaji and the deceased Murlidhar. Accused No. 1 dealt a stick blow on the right leg of P.W. 2 Gunaji due to which P.W. 2 Gunaji and the deceased Murlidhar fell down on the ground along with the motor cycle. Soon thereafter accused No. 2 dealt a sickle blow on the head of the deceased Murlidhar. The deceased Murlidhar, therefore tried to run away. After he crossed a distance of about 10 to 15 ft. from the spot, accused No. 1 by chasing him gave a stick blow on his back, due to which the deceased Murlidhar fell down on the ground and succumbed to the injuries sustained by him. P.W. 2 Gunaji, however, could not move from the spot as both of his legs were found below the silencer of the motor cycle. Taking advantage of the same, the accused No. 2 dealt a sickle blow on the right leg of P.W. 2 Gunaji. P.W. 2 Gunjaji, therefore, caught hold of the wrist of accused No. 2 and prevented further assault. For sometime P.W. 2 Gunaji felt giddy and thereafter on seeing one Hazare coming towards the spot from the opposite direction, he called him. The said Hazare then took P.W. 2 Gunaji to Primary Health Centre at Parseoni, where he was examined and treated by the Medical Officer.

4. Meanwhile on the same day at about 6.00 p.m. P.S.I. Rajesh Duddalwar (P.W. 12), while being present in the Police Station Parseoni, received a phone message from the Sarpanch of village Bhagemahari to the effect that one dead body was lying on the road. Upon receipt of the said information, P.S.I. Duddalwar (P.W. 12) visited the spot along his staff and on an enquiry with the nei

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