JUDGMENT

Shivaraj V. Patil, J.-These two appellants alongwith three other accused were tried for the offences under Sections 147, 148, 302 read with 149 and 323 read with 149 IPC. The learned Sessions Judge, after trial and on the basis of the material placed before him, acquitted all the accused. On appeal filed by the State, the High Court by the impugned judgment and order affirmed the order of acquittal as regards the three other co-accused and reversed the order of acquittal relating to these appellants and convicted and sentenced them to imprisonment for life for offence under Section 302 read with Section 149 IPC and sentenced them for shorter period for the offences under other Sections. The appellants have assailed the said judgment and order of the High Court in this appeal.

2. In short, the prosecution case was that the deceased Om Pal had purchased some land from one Smt. Mukandi, widow of Chhota of village Krishni. The appellant No. 1 Dila disputed the possession of Om Pal over the land. On 27.9.1979, there was an altercation between Om Pal and Dila over harvesting of crop standing on the said land. At that time, Dila had threatened Om Pal. On the night of 28/29.9.19