Judgment

SARKARIA, J. :- This appeal by sepcial leave is directed against a judgment, dated April 23, 1976, of the Bombay High Court, whereby the conviction of the appellant by the Additional Sessions Judge, Nanded, for an offence under Sec. 302, Penal Code, with a sentence of life imprisonment, was upheld.

2. The facts are as follows :

Accused 1, 2 and 5 are the sons of accused 4, while accused 3 is the wife of Munjaji. They all resided in village Wadi Buzrug. The deceased Devidas had three brothers, namely, Purbha, Jaiwanta and Ananda. Baijabai (P. W. 8) is their mother. At the time of occurrence, Devidas and Ananda were, living together, while his other brother were residing separately. Baijabai was residing in a portion of the Wada while the accused were residing in the other portion of the same Wada. There is a court-yard between these two portions of the Wada. According to the prosecution, there was long-standing dispute between Baijabai and her sons on the one hand and the accused on the other with regard to the open land in front of their houses.

3. On October 7, 1972 at about 7.45 p. m., Shrimati Baijabai (P. W. 8) returned home from the filed. Her she-buffalow browsed the veg