JUDGMENT

Sunil B Shukre, J. - This is an Appeal which questions the legality and correctness of the Judgment and Order dated 2nd May 2005 rendered in Sessions Trial No. 123 of 1997 by the Sessions Judge, Nagpur.

2. In brief the facts of the present Appeal are as under :

There were two accused persons, one is the Appellant himself and the other one is Suresh Gagadhar Awathe, who were prosecuted and tried for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code. They were alleged to be involved in an incident which took place on 20th December 1996 at 17.30 hours, at village Khapa, District Nagpur.

3. It so happened that both these accused persons were bridegrooms, who were to marry two daughters of one Bhimrao Gagate on 20th December 1996 at Khapa at the same time and venue. Their marriages with respective brides were solemnized and then there was a time for marriage feast. The feast would be served to several guests attending the marriage, who would be sitting with folded legs on the ground in different rows. The arrangement is traditionally called in marathi as ''Pangat''. While the Pangat feast was at its peak, it is alleged that some differences ar