V. P. TIPNIS, J. :- The Appellants, original Accused Nos. 1 and 2, were charged and tried for offences under Sections 302 and 201 read with 34 of Indian Penal Code in the Court of Additional Sessions Judge at Solapur in Sessions Case No. 13 of 1994.

2. Prosecution case in brief is that deceased Nalsaheb was brother of complainant PW 12 Moula. Deceased was selling Shindi. Prior to the marriage deceased Nalsaheb was the wrestler. Sadashiv Mhadkar, Gundiba Bandagar, Bhalchandra Sarfale and others were also attending the gymkhana along with deceased Nalsaheb. Deceased Nalsaheb had a quarrel with Bhalchandra Sarfale. PW 12 Moula intervened. Since that quarrel Bhalchandra and deceased Nalsaheb were not on talking terms. On 12th November, 1993, Sadashiv Mhadkar, Bhalchandra Sarfale, Anna Sarfale and Vikas Sontakke had a quarrel during which Nalsaheb being friend of Sadashiv intervened. At that time Bhalchandra Sarfale and Vikas Sontakke gave threat to Nalsaheb that they will finish him within 8 days. Complainant PW 12 Moula, Dadarao Mhadkar and Bhaskar Vanamane were present at that time. On 19th November, 1993 at about 7.30 a.m. Nalsaheb carried Shindi on bicycle from village Watv