The dying declaration of the deceased was found to be trustworthy and reliable, leading to the appellants' conviction under Sec. 302 read with Sec. 34 of the Indian Penal Code.

JUDGMENT

1. This is an appeal by the appellants who are the original accused, against the judgment and order passed in Sessions Case No. 58/2013 dtd. 18/4/2014 by the learned Additional Sessions Judge, Kopargaon (hereinafter referred to as the "trial Court "). Under the impugned judgment, both the appellants have been convicted for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (for short "I.P.C. "). Accordingly both of them are sentenced to suffer imprisonment for life each and to pay fne of Rs.5,000.00 each, in default to suffer rigorous imprisonment for one year each.

2. The appellants - accused are in jail since their arrest made on 1/4/2013 in this crime.

3. The story of the prosecution, in nutshell, is as under :

Appellant No. 2 Dattu is the father of appellant No.1 Santosh and both of them used to reside in the locality behind Mayureshwar Ganpati Temple at Kopargaon. One Vilas Balkrishna Bhoir i.e. the deceased in this case alongwith his son Ganesh i.e. another deceased in this case, used to reside in the same locality as that of the appellants. The houses of the appellants and deceased persons were near to each other. The appellants always used the lane aside the house of Vilas Bhoir for urinating. On that count there were frequent quarrels between the appellants and Vilas Bhoir. On 31/3/2013 at about 8.30 p.m. appellant No. 2 Dattu had gone to the said lane behind the house of Vilas to pass urine. However, Vilas obstructed appellant No. 2 and tried to persuade appellant No. 2 for not to do so. On that count, there was quarrel between them. At the relevant time, Ganesh i.e. the son of Vilas had also come out of the house and tried to persuade appellant No. 2 Dattu. However, Dattu started abusing them. On hearing the said quarrel, appellant No.1 Santosh i.e. the son of appellant No. 2 Dattu came out from his house with an axe. Appellant No. 1 Santosh started abusing Vilas and Ganesh and also assaulted Ganesh with the help of the said axe. He gave blows of the said axe on the head of Ganesh, and therefore, Ganesh fell down on the spot being unconscious. Simultaneously appellant No. 2 Dattu had also rushed to his house, brought sickle and gave blows of that sickle on the head of Vilas. Due to those blows Vilas sustained bleeding injuries on his head, and therefore, he called his another son Kailas @ Pappu residing in Ambika Nagar locality. Kailas then with the help of neighbours and friends shifted Vilas and Ganesh in injured condition to Kopargaon Rural Hospital. The Medical Offcer present in the said hospital, after noticing the injuries being of serious nature, asked them to shift Vilas and Ganesh to Saibaba Superspeciality Hospital, Shirdi immediately. Accordingly both the injured were shifted to said hospital at Shirdi. Meanwhile Kopargaon police had also got information of the said incident through a memo received from the Medical Offcer. As such, Police Inspector of Kopargaon Police Station deputed A.P.I. Rahul Pawar to attend the hospital at Shirdi for recording statements of both the injured persons.

4. A.P.I. Rahulkumar Dattatraya Pawar i.e. PW-1 visited the Saibaba Super-speciality Hospital at Shirdi and on making enquiry with the Medical Offcer on duty, he learnt that only Vilas Bhoir was in a position to speak and capable of giving statement. Ganesh Bhoir was still unconscious at the relevant time. Therefore, A.P.I. Rahul Pawar recorded statement of Vilas in presence of Medical Offcer. On the basis of the said statement, A.P.I. Rahul Pawar registered Crime No. 111/2013 initially for the offences under Ss. 307 and 504 read with Sec. 34 of I.P.C. at about 1.45 hours on 1/4/2013. However, in the morning of that day Vilas succumbed to the injuries sustained by him. Another injured Ganesh also died thereafter on 3/4/2013. Therefore, the crime against the appellants was converted into under Sec. 302, 201 read with Sec. 34 of I.P.C.

5. After registration of F.I.R. at the hands of A.P