( 1 ) AGGRIEVED by their conviction and sentence for offence punishable under Section 307, r. w. S. 34 of the I. P. Code in Sessions Case No. 95/1992, the original accused Nos. 1 and 2 have come up in appeal. By the impugned order, the learned addl. Sessions Judge, Osmanabad, convicted both the appellants for offence punishable under section 307, r. w. S. 34 of the i. P. Code and sentenced them to suffer rigorous imprisonment for four (4) years and to pay a fine of Rs. 2000/- each, I. D. , to suffer rigorous Imprisonment for six (6)months.

( 2 ) THE prosecution case, stated briefly, is that on December 12. 1991, PW1 Satish tanaji Bansode (complainant] went to an eatery styled as "cafe Gulistan" which is also known as "islamic Khanawal" (Islamic inn)situated near the S. T. Bus stand at osmanabad. U was around midday that he ordered a dish of Biryani for the lunch. He was eating the food when in all seven (7] persons, including the present appellants, entered the premises of the eatery. They were armed with a knife, iron rod and sticks. Immediately they mounted assaulted on him by means of the knife, iron rod and the sticks. He received bleeding injury on the head, various other ble

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