JUDGMENT

There are four appellants. All of them were tried for an offence punishable under S. 302 read with S. 34, I. P.C. by the learned Additional Sessions Judge, Kolhapur and they were acquitted. The State preferred an appeal against the said order of acquittal. The Division Bench of the High Court of Bombay convicted all the four appellants under S. 302 read with S. 34, I.P.C. and sentenced each of them to suffer imprisonment for life. The prosecution case is as follows:

The four accused are brothers. The deceased one Chander Appa Tagore was their cousin. All of them belong to the Maharwadaof Nandani village. P.W. 5 Jayavanti is the wife of the deceased. They had a female child by name Raju P.W. 10 is the mother of the deceased. The deceased are two brothers examined as P.Ws. 8 and 7. They were living separately in the same house. The deceased was in occupation of one of the apartments. On the day of incident i.e. on 1st May, 1970 at about 7 a. m. the deceased left his house for the field after taking his breakfast where he was working i.e. in the field of P.W. 12, Police Patel. He continued till 2 p.m. P. W. 5, his wife left for the field with the food for the deceased leaving