(1.) Criminal Appeal No. 105/2003 is presented against the judgment and order passed by the First Adhoc Additional Sessions Judge, Jalgaon, in Sessions Case no. 97/1999 dated 27.12.2002, by the original accused No. 1 and 3 against their conviction for the offence punishable under section 304 Part I read with section 34 of the Indian Penal Code and the State also preferred Criminal Appeal No. 416/2003 for the acquittal of the accused persons for the offence punishable under section 302 read with section 34 of the Indian Penal Code.
(2.) Brief facts of the case may be stated as follows :
(3.) After receipt of the complaint offence came to be registered against accused persons for the offences punishable under section 302, 323, 504 read with section 34 of the Indian Penal Code vide Crime No. 90/1998. Investigating Officer Dinkar Pingale (PW 10), after registration of the crime arrested the accused persons. He prepared spot panchnama and inquest panchnama. Dead body was sent for postmortem.