B.H. Marlapalle, J.

1. Four accused came to be tried for the offences punishable under sections 302, 326,325, 324.and 323 each read with section 34 of the Indian Penal Code (IPC for short) and section 135 read with section 37 (1) of Bombay Police Act. By his judgment and order dated 12th April,1989 the learned IInd Additional Sessions Judge, Solapur was pleased to convict all the four accused for the offences punishable under section 302,326, 324, and 323 each read with section34 of the Indian penal code whereas accused nos. 1 to 3 came to be convicted for the offences punishable under section 135 read with section 37 (1) of the Bombay Police Act and accused no. 4 came to be acquitted from the said charges.

2. Being aggrieved by the said order of conviction and sentence accused nos 1 to 3 filed Criminal Appeal No.380 of 1989 whereas accused no. 4 filed Criminal Appeal No.292 of 1989 and during the pendency of these appeals, accused nos. 1 and 2 died and therefore, these appeals survive for accused nos. 3 and 4.

3. As per the prosecution case, accused nos. 1 and 2 were sons of accused no.4 and accused no.3 is the son of the sister of accused no.4. The house of accused N