R.C. CHAVAN, J. :. The appellants, who have been convicted by the learned Sessions Judge, Wardha, for offences punishable under Sections 302 and 325 read with Section 34 of the Penal Code have preferred this appeal taking exception to their convictions and resultant sentences imposed upon them.

2. Facts, which led to the prosecution of the appellants, are as under:

3. Father of appellant No.1 was suffering from some disease. It was believed by the family of appellant No.1 that Ballu Dabhade and his wife Radhabai had played black magic. Father of appellant No.1 died on 19-05-1994. Appellant No.1 Dashrath, his brother Shrikrishna, who was originally arrayed as accused No.2, and appellant No.2 Dadarao hit Ballu Dabhade and his wife Radhabai with stones and sticks. Police came on being informed and took the victims to hospital. In the hospital, Ballu Dabhade and his wife Radhabai both made statements, which were duly recorded by the police. Ballu Dabhade succumbed to his injuries. An offence was registered and investigation commenced.

4. In the course of investigation, police examined witnesses, caused panchanama of the spot to be performed, sent the dead body of Ballu for post mortem exa

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