On May 26, 1981 when deceased Gunjarya accompanied by his two brothers Gobji and Pandys in companypany of PW 3 Hajarya, PW 4 Dajya and PW 5 Jahan griya and two others were busy dismantling the hut of one Bamanya for the purpose of erecting a new hut on the nearby plot, the three accused came together and declared their intention of avenging the insult inflicted on them by Gunjarya at the time of Indal festival.
2 and 3 were alleged to have pelted stones at Gunjarya resulting in causing two lacerated wounds to deceased Gunjarya.
The learned Judge1 companyvicted all the three of them for having companymitted an offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced each of them to suffer imprisonment for life.
1 for companymitting murder of Gunjarya son of Dhanya.
2 and 3 on one hand and deceased Gunjarya on the other, were fined Rs.
1 was dismissed at the admission stage.
1 gave a blow with a Dharya on the forehead of Gunjarya while appellant Nos.
A Division Bench of the High Court dismissed the appeal and companyfirmed the companyviction and sentence of all the three appellants.
2 and 3 on the other on account of the profane language used by appellant Nos.
1 was armed with a dharya but appellants 2 and 3 were unarmed.
1 was armed with a Dharya while appellants Nos.
1040 of 1981 in the High Court of Judicature at Bombay.
Special leave granted limited to the question whether appellant Nos.
Original accused No.
It is impossible to believe that all the three of them spoke simultaneously the same language and used the same words.
Hence this appeal by special leave limited to the question hereinbefore set out.
At that time accused No.
At a festival described as Indal an altercation took place between deceased Gunjarya on one hand and appellant Nos.
2 and 3 shared the companymon intention with appellant No.
It may at once be mentioned that the special leave petition on behalf of petitioner No.
52 of 1981.
On these allegations all the three of them were tried by the learned Additional Sessions Judge, Dhule in Sessions Case No.
The dispute companysequent upon this altercation was settled by the local panchayat in which both appellant Nos.
Both of them were slapped by Gunjarya.
2 and 3 who were then inebriated.
Immediately all the three of them rushed towards deceased Gunjarya and when Gunjarya tried to escape he was chased.
2 and 3 were unarmed.
All the three of them preferred Criminal Appeal No.
2 and 3 may be stated.
5/ each.
