The appeal carried by A1 Anil and A2 Ashok was dismissed by the High Court and, hence, this appeal is filed by them.
During the pendency of the trial, A3 Baba was murdered and, therefore, the case abated as against him.
When he brought liquor, they companysumed it.
In her FIR, she stated that the deceased was a driver.
In support of its case, the prosecution examined seven witnesses.
The prosecution case rests on the evidence of PW 3 Meena, wife of Vijay Lambat the deceased .
He found the appellants, A1 Anil and A2 Ashok guilty of the offence punishable under Section 302 read with Section 34 of the IPC and sentenced them to suffer imprisonment for life and to pay a fine of Rs.500/ each and, in default, to suffer further rigorous imprisonment for one month each.
On 13/12/1991 at 2225 hours, she is stated to have lodged FIR at Wardha City Police Station.
At that time, the deceased was sleeping.
They gave her money and asked her to bring liquor.
On 13/12/1991, in the evening, she and the deceased were at their house.
The accused stated that they were innocent.
At about 8.00 p.m., A1 Anil, A2 Ashok and A5 Shankar came to their house.
She sent her son to the neighbours house to bring liquor.
She then rushed to the Wardha City Police Station and lodged the FIR.
Thereafter, they asked the deceased to accompany them for paan.
RANJANA PRAKASH DESAI, J. The two appellants A1 Anil and A2 Ashok respectively along with four others A3 Baba, A4 Kishor, A5 Shankar and A6 Mayabai were charged for offences under Sections 147, 148, 302 read with Section 149 of the Indian Penal Code for short, the IPC .
