[Criminal Appeal No.1324 of 2008]. 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"). Alternatively, they were also charged for offence under Section 302 read with Section 34 of the IPC. During the pendency of the trial, A3-Baba was murdered and, therefore, the case abated as against him. The prosecution case rests on the evidence of PW-3 Meena, wife of Vijay Lambat ("the deceased"). On 13/12/1991 at 22:25 hours, she is stated to have lodged FIR at Wardha City Police Station. In her FIR, she stated that the deceased was a driver. On 13/12/1991, in the evening, she and the deceased were at their house. At about 8.00 p.m., A1-Anil, A2-Ashok and A5-Shankar came to their house. They gave her money and asked her to bring liquor. At that time, the deceased was sleeping. She sent her son to the neighbour's house to bring liquor. When he brought liquor, they consumed it. Thereafter, they asked the deceased to accompany them for paan. The deceased told them that he was not well. Even then, they forced him to getup. They brought him out in the courtyard. In the courtyard, A1-Anil and A2-Ashok dealt knife blows on his abdomen. Her mother-in-law A6-Mayabai was holding the deceased. On account of knife blows, the deceased fell on the spot. When she rushed to help the deceased, she was pushed aside by holding her hair. She then rushed to the Wardha City Police Station and lodged the FIR. The deceased was shifted to the General Hospital, Wardha where he was declared dead. On completion of the investigation, the accused came to be charged as aforesaid.
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