JUDGMENT - BRAHME P.S., J.:---The appellants Abdul Shahim Abdul Bashir and Abdul Rahman Abdul Bashir along with their father Abdul Bashir Sheikh Roshan, were tried before Additional Sessions Judge, Achalpur in Sessions Case No. 100/1996 for committing murder of one Abdul Kalam Abdul Rashid in furtherance of their common intention. The learned Sessions Judge, vide judgment and order dated 12th February, 1998, convicted the appellants of the offence under section 302 read with section 34 of the Indian Penal Code and sentenced them to suffer imprisonment for life and fine of Rs. 3,000/-, in default, to undergo further R.I. for one year. The third accused Abdul Bashir Sheikh Roshan, however, came to be acquitted. The order of conviction and sentence is under challenge in this appeal.

2.The prosecution case, in brief, is that victim Abdul Kalam and the appellants are the residents of village Ghatladki, which comes within the jurisdiction of Police Station, Chandur Bazar. The incident, which gave rise to this prosecution against the appellants, took place on 1st July, 1996 in village Ghatladki. Both the appellants are real brothers and sons of third accused Abdul Bashir. At the time, when

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