JUDGMENT - Smt. RANJANA DESAI, J.:---In both these appeals, judgement and order dated 9-4-1997 passed by the Additional Sessions Judge, Baramati, in Sessions Case No. 49 of 1994 is under challenge. Criminal Appeal No. 312 of 1997 is filed by appellant-Balu Sambhaji Shinde, who is original accused No. 2 and Criminal Appeal No. 485 of 1997 is filed by appellant-Dasu Baba Shinde, who is original accused No. 1. Since both these appeals arise out of the same facts, it is convenient to dispose them of by a common judgment. Hence this common judgment. For the sake of convenience, the appellants are referred to, in this judgment, as per their status in the trial Court.

2. Briefly stated, the prosecution story is that accused Nos. 1 and 2 are residents of Kaprewadi, Taluka Karjat, District Ahmednagar. They are cousins. Accused No. 1 was married to deceased-Asha, daughter of P.W. 1 Vimal Kale of Nimbgaon-Daku, Taluka Karjat. The marriage had taken place just 15 to 20 days prior to the incident in question. Village Kaprewadi is about 16 to 17 miles from Nimbgaon-Daku.

3. On 22-6-1994 P.W. 1 Vimal Kale had gone to Kaprewadi in the morning to meet her daughter Asha i.e. the deceased. The mother

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