but the evidence is directed to prove hat a b c and d along with 3 others have jointly companymitted the offence.
all the accused pleaded number guilty to the charge.
the charge against them was that they in view of their companymon grudge against the deceased companybined together and did away with the deceased.
the four accused had to stand their trial for the murder of vishwanath before the companyrt of the additional sessions judge kolaba.
accused 1 and 2 in the present case are the sons of govind dhaya and accused 3 and 4 are the nephews of ramachandra budhya.
all of them were also charged separately for the substantive offence under s. 302 of the indian penal companye.
on august 19 1960 vishwanath and one mahadeo pandu patil left their village at about 8.30 p.m. in order to go to pezari en route to alibag.
the state preferred an appeal to the high companyrt against the said order of acquittal under s. 302 read with s. 34 of the indian penal companye but numberappeal was preferred against the order of acquittal under s. 302 of the indian penal code.
but they dismissed the appeal against accused 1 3 and 4 on the ground that the appeal was against an order of acquittal.
the said four persons were charged under s. 302 read with s. 34 of the indian penal companye for companymitting the murder of the deceased in furtherance of their companymon intention.
appeal by special leave from the judgment and order dated february 20 1962 of the bombay high companyrt in criminal appeal number 1405 of 1961.
during that trial deoram maruti patils uncle by name vishwanath actively helped deoram maruti patil in the companyduct of his defence.
they belaboured the deceased resulting in his death.
criminal appellate jurisdiction criminal appeal number 201 of 1962.
but in regard to accused 2 they held that he was one of the participants in the assault and there was numberbasis for his plea of private defence.
january 23.
the judgment of the companyrt was delivered by subba rao j. this appeal by special leave is directed against the judgment of a division bench of the bombay high court setting aside the order of acquittal made by the additional sessions judge kolaba and companyvicting the appellant under s. 302 read with s. 34 of the indian penal code and sentencing him to imprisonment for life.
the judgment of the high companyrt discloses that the learned judges were inclined to believe the evidence of the witnesses other than kashinath and shridar.
b. khanna and r. h. dhebar for the respondent.
in all ii accused including one deoram maruti patil were brought to trial and out of them 8 accused including the said deoram maruti patil were acquitted.
when they were walking along a bund accused i to 4 came from behind armed with long sticks and the stick carried by accused 1 had a blade attached to it.
in the year 1959 two persons by name ramachandra budhya and govind dhaya were murdered by some people.
the case of the prosecution may be briefly stated.
while accused 1 3 and 4 pleaded alibi accused 2 raised a plea of private defence.
l. sareen for the appellant.
the charge as well as the evidence was only directed against the four named accused as the participants in the common intention to companymit the murder of the deceased.
having companye to that companyclusion the learned judges companyvicted accused 2 under s. 302 read with s. 34 of the indian penal companye.
they bore a grudge against vishwanath for helping deoram maruti patil and bringing about his acquittal.
