JUDGMENT (ORAL)

Vishnu Sahai, J. - Through this appeal, the appellants challenge the Judgment and Order dated 30-9-1996 passed by the Additional Sessions Judge, Sawantwadi in Sessions Case No.8 of 1996 convicting and sentencing them in the manner stated hereinafter:

(i) Under Section 147. IPC to suffer two years R.I. and, to pay a fine of Rs. 100/ - each in default to suffer RI. for 8 days.

(ii) Under Section 148, IPC to suffer R I. for two years and to pay a fine of Rs. 100/ - each in default to suffer R.I. for 8 days; and

(iii) Under Section 302 read with Section 149, IPC to suffer imprisonment for life and to pay a fine of Rs. 1000/-each in default to suffer two months R.I.

The substantive sentences of the appellants were ordered to run concurrently.

2. In short the prosecution case runs as under:

On 12-5-1995, the informant Dilip Kharat PW 3 and Sushila Bhosale PW 5, brother and sister respectively of the deceased Babu Kharat, who along with the deceased were residing in Mumbai come to village Nadan in connection with the marriage of their maternal uncle's son. The marriage was performed that day at about 6 p.m. At about 10.45 p.m. when Babu Kharat was sitting for