DAVARE, J. :-

Heard learned counsel for the appellants/accused and learned APP for the respondent State.

2. By the present appeal, appellant Nos. l, 2 and 3 (i.e. original accused Nos. 1, 2 and 3) take exception to the conviction and sentence imposed upon them by way of judgment and order dated 18th May, 1992 rendered by the learned Additional Sessions Judge, Pune, in Sessions Case No.652 of 1988 thereby convicting them for the offences punishable under Section 302 read with Section 34 of Indian Penal Code and sentencing them to suffer imprisonment for life.

3. It is to be noted that the Criminal Appeal No.285 of 1992 preferred by accused No.4 Mahesh Phadatare, was abated and disposed of by an order dated 24th February, 2012, since he expired during the pendency of the appeal.

4. Brief facts of the prosecution case giving rise to the present appeal can be summarized as under:-

It is the case of the prosecution that on 20th March, 1988 at about 2.15 p.m. when the complainant was purchasing some medicines near Hotel Samrat, accused No.2 Vijay, accused No.4 Mahesh and one Mathya Sakat arrived there and threatened the complainant to kill him on the point of Koyta and he had lodged a complaint about the said incident with the police personnel. Moreover, on 13th May, 1988 also there was a function of releasing Ramzan fast by Hindu people at Dias plot and in that function deceased Balekhan Bargir had taken active part and made the said function successful. The Corporator Ramesh Khanna was also present there but did not like the active participation of the deceased. Then it is alleged that Ramesh Khanna in collusion with goondas, namely, accused No.3 - Jaya Tribhuvan with one Mathya Sakat, accused No.2 - Vijay Kolhapure and accused No.1 Gulab Ohol and accused No.4 - Mahesh Phadtare, assaulted them as aforesaid and since then they were having grudge with the family of deceased whereas accused No.1 Gulab used to give reports to the Corporator Ramesh Khanna.

The first informant i.e. PW-2 Mohammed Bargir is the nephew of Bale khan Bargir who is the victim, had started a floor mill in Indira Nagar Zopadpatti, Gultekadi, Pune, for about four months back prior to the incident and he was looking after its affairs. It is alleged that on 16th May, 1988 at about 11.00 a.m. while deceased was standing in Dias Plot Chowk, near a pan shop along with Rasulbhai Pansare, the accused No.3 Jayant Tribhuvan, one Malhari Sakat and accused No.4 Mahesh Phadatare, armed with knife arrived there and accused No.3 made an assault upon the deceased by knife but deceased avoided it and snatched the knife from his hands aI1d assaulted him for which the deceased was prosecuted.

The incident in question occurred on 22nd June, 1988 at about 7.00 p.m. when the complainant returned from his duty at about 5.30 p.m. to his house and learnt that his uncle Balekhan Bargir has gone to the floor mill of Indira Nagar, therefore, he proceeded there to meet him. However, while he was going to floor mill, he saw victim coming on the scooter and behind him accused No.2 Vijay Kolhapure, accused No.3 Jaya Tribhuvan, accused No.4 Mahesh Phadatare and accused No. 1 Gulab Ohol, were following him in speed. According to the complainant, when he was at the distance of about 25 to 30 feet, accused No.1 Gulab gave a forcible blow with the handle of shovel, wooden wrafter (Tikav) on the head of the victim, whereas accused No.2 Vijay assaulted the victim by Koyta on his head and also gave a blow on the left side neck of the victim and thereby he fell down from the scooter as well as accused No.3 Jaya and accused No.4 Mahesh also gave blows of Koyta on legs and hands of the deceased. Thereupon, the complainant raised alarm for help and ran away and thereafter accused persons also ran away, but while going they threatened that if any body reports the matter against them, they would see that he would also face the same consequences. The persons assembled there removed the injured by auto-rik