JUDGMENT/ORDER

VIBHA KANKANWADI,J. - Present Appeal has been filed by original accused Nos.1 and 2 challenging their conviction by the learned Additional Sessions Judge-4, Aurangabad on 26/11/2015 in Sessions Case No.380 of 2012 after holding them guilty of committing offence under Sec. 302, 326 read with Sec. 34 of the Indian Penal Code.

2. The prosecution story, in short, is that the informant Subhash is resident of Warudi, Taluka-Paithan, DistrictAurangabad. His family consists of his wife and children. His brother Ashok resides adjacent to him with his wife, children and their parents. The accused persons are distantly related to them and reside in the same lane at some distance. His brother Ashok has two daughters. Around 2.00 a.m. on 4/6/2012 when Ashok's wife and daughter were sleeping on Ota (raised platform) situated in front of their house, accused No.1 Manohar with one child in conflict with law and their friend had pulled hand of daughter of Ashok with ill-intention. Ashok had lodged report regarding the said incident with MIDC Paithan Police Station. Accused No.1 had, therefore, grudge against Ashok and family.

3. It is the further prosecution story that around 8.30 p.m.,