JUDGMENT - VISHNU SAHAI, J.:---Though this appeal, the appellants challenge the judgment and order dated 17-6-1995 passed by the Additional Sessions Judge, Pune, in Sessions Case No. 123 of 1994, convicting and sentencing them in the manner stated hereinafter:-

(i) Gokul Dadu Jadhav:---Under section 302 I.P.C. to suffer imprisonment for life and to pay a fine of Rs. 100/- in default to undergo three months R.I.; and

(ii) Datta Suresh Awale:---Under section 302 r/w 34 I.P.C. to suffer imprisonment for life and to pay a fine of Rs. 100/- in default to undergo three months R.I.

It is pertinent to mention that along with the appellants, was tried one Digambar Khandale but, he has been acquitted vide the impugned judgment and the State of Maharashtra has not challenged his acquittal by preferring an appeal under section 378(1) Cr.P.C.

2.In short, the prosecution case runs as under:-

On 9-1-1994, there was marriage of Sham Bate P.W. 2 in Kasam Zopdpatti within the limits of District Pune. The marriage was performed at 7.45 p.m. Thereafter, some of the invitees sat for dinner. The appellants, the acquitted accused Digamber Khandale and some other persons, who were also invited, started danc

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