JUDGMENT :

V. G. BISHT, J.

The present Appeal has been instituted by the appellants-accused, against the judgment and order of conviction dated 16th May, 2014 passed by learned Adhoc District Judge-1 and Additional Sessions Judge, Malegaon, Dist. Nashik in Sessions Case No. 67 of 2011. They were convicted and sentenced under Section 302 r/w 34 of the Indian Penal Code (for short “IPC”) to undergo rigorous imprisonment of life and to pay fine of Rs. 10,000/each and in default of payment to undergo simple imprisonment for a period of one year.

2. Briefly, the case of the prosecution against the appellants-accused is as follows :-

On 20-4-2011 at about 10.00 a.m., informant was proceeding towards his house through Maruti Galli from Jategaon S.T. Stand. When he reached near Maruti Temple, a motorcycle dashed him from behind as a result of which he fell down. According to prosecution, informant’s nephew Dyaneshwar (A1) and informant’s brother Arjun Sakhahari Bhagwat (A2) were riding the said motorcycle. The prosecution alleges that when the informant confronted A1 as to why he was dashed, both the accused got down from the motorcycle, started abusing and told the informant why he was not wa