4 , although formerly friends, on account of certain disputes had become hostile towards each other.
The companyvicted accused filed an appeal before the Bombay High Court and the State filed an appeal against the acquittal of the two other accused.
The appellants who had run away absconding and were arrested subsequently on various dates at different places.
The Bombay High Court has by its judgment dated 5th December, 1973, as mentioned earlier, affirmed the companyviction and sentence of the four appellants, and it has allowed the State appeal against the other two appellants, companyvicting them under Section 302 read with Section 34 I.P.C. and sentencing them to rigorous imprisonment for life.
The four rushed towards that direction and, it is alleged, saw Baban and Ranga giving blows with an axe on Anandas head.
It is urged that the prosecution case that a gun was fired cannot be believed because there is numberevidence that anyone among the accused carried a gun and and because numberempty or discharged cartridge was found on the scene.
Ananda received serious injuries and lay in a pool of blood ort the car track on a point lying between the houses of Radhabai and Kisabai.
Meanwhile, Rama Appellant No.
2 went to the house of Radhabai P.W. 3 where Ananda was already present.
It was said that at mid day on 5th August, 1970 Baban appellant No.
The two appellants and Ananda left the house after a short while.
In this appeal we have been taken through the evidence on the record by learned Counsel for the appellants in support of his submission that the eye witnesses were unreliable and there was numbercogent material for companyvicting the appellants.
3 also arrived, armed wish an axe, and shortly thereafter Babu appellant No, 1 and Sampat appellant No.
His brother Yeshwant PW 6 arrived soon after and he was informed by the witnesses of the circumstances in which Ananda had been killed.
1 , his wife Bayanabai PW.
6 and Ranga appellant No.
2 and Kisabai PW.
The case is that all the five appellants except Rama struck Aaanda with the axe several times.
Yeshwant seat his companysin Balu PW 7 to the police station at Shirala and a First Information Report was lodged.
4 and Nama appellant No.
5 reached the scene.
Some moments later a, gun short was beard by Radhabai aad Soma PW.
2 The prosecution case before the trial Court was that Ananda the deceased and Rama appellant No.
S. Pathak, J. This appeal by special leave is directed against the judgment of the Bombay High Court dismissing the appeal of four appellants against their companyviction and sentence under Section 302 read with Section 34, Indian Penal Code by a Sessions Judge and allowing an appeal by the State against the acquittal of the remaining two appellants and companyvicting and sentencing them under Section 302 read with Section 34, Indian Penal Code.
