Judgment :-

D.K. Jain, J.

1. This appeal arises out of the judgment rendered by the High Court of Judicature at Bombay, in Criminal Appeal No. 686 of 1988, confirming the conviction of the appellant for offence under Section 302 read with Section 34 of Indian Penal Code, 1860 (for short ‘IPC).

2. As many as four accused came to be tried by the Addl. Sessions Judge, Solapur in Sessions Case No.198 of 1987. These persons were Babasaheb Apparao Patil – Accused No.1, Tanaji Manikrao Patil - Accused No.2, Appasha Dharmarao Patil Accused No.3 and Prakash Limbanna Koli - Accused No.4. The Trial Court convicted all the accused for the said offence and sentenced them to suffer rigorous imprisonment for life and to pay a fine of Rs.1000/-each, with default stipulation. All the convicts preferred an appeal to the High Court. Although accused No.2 and 4 expired during the pendency of the appeal, yet the High Court dealt with their appeals as well. The High Court confirmed the conviction of the appellant herein and accused No.2 but acquitted the remaining two accused, giving them the benefit of doubt.

3. According to the prosecution in village Boramani, District Solapur, there are two rival part