JUDGMENT :

Sadhana S. Jadhav, J.

1. The Appellants herein are convicted for the offence punishable under section 302 read with 34 of Indian Penal Code and under section 135 of Bombay Police Act and are sentenced to suffer for life and fine of Rs.2000/- each, in default, simple imprisonment for six months by the 5th Additional Sessions Judge, Kolhapur vide judgment and order dated 12th May 2000 in Sessions Case No. 169 of 1999. Hence, this appeal.

2. Such of the facts necessary for the decision of this appeal are as follows:-

a) The accused no. 2 happens to be the maternal uncle of accused no.1 and worked as a peon in Shahu Merchants Urban Co-operative Credit Society. The accused no.1- Sheetal had started residing with the accused no.2. He was accompanied by his parents and sister Megha. The house of Parashram Dattatraya Khade is just across the road from the house of the accused no.2. Sachin happens to be the son of the complainant. It is alleged that Megha used to visit the telephone booth of the complainant for making telephone calls and she was insisting upon him to marry her. The complainant and his wife had overheard the said conversation between Sachin and Megha on their intercom