PRAKASH LIMBANNA KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants (here-in-after referred to original accused nos. 1 to 4) filed this appeal for quashing and setting aside the Judgment and Order passed by the IVth Additional Sessions Judge, solapur on 26th July, 1988 in Sessions Case No. 198 of 1987, convicting the appellants for an offence under Section 302 read with 34 of Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs. l000/- each, in default to suffer further rigorous imprisonment for 6 months each.

(2.) At the very outset, the record indicates that the appellant nos. 2 and 4 (original accused no. 2 tanaji and original accused no. 4 Prakash Koli Jamadar) expired during the pendency of this appeal. However, as the sentence of fine has been imposed against them, we have heard the appeal against all the accused.

(3.) The brief facts of the prosecution case were as under :-