I.D. DUA, J.

(1) MASJI Tato Rawool, Janabai alias Rajani and Sahadeo Atmaram Rawool (original accused nos. 1, 5 and 6) are the three appellants in this appeal by special leave. They challenge their conviction by the Bombay High court on State appeal against their acquittal by the Additional Sessions Judge, Ratnagiri. Originally six persons, including the three appellants, were committed by the Civil Judge and Judicial Magistrate, First Class, Sawantwadi in Ratnagiri District for being tried under S. 148, Section 302, read with S. 149 and S. 302, read with S. 34, Indian penal code Masji Tato Rawool was in addition charged under S. 323, Indian penal code The occurrence in question had resulted in the death of Shankar Timaji Rawool. The prosecution story may now be briefly stated.

(2) TATO Masji Rawool, accused No. 2 resided in his house in hamle: known as Dongar Baherchi Wadi in village Nemale in Sawantwadi Taluka in Ratnagiri District. With him lived his wife Bhagirathi, (accused No. 3), his two sons, Masji (accused No. 1) and Sakharam (accused No. 4) and his two daughters, Mathubai, aged 12 years and Janabai (accused No. 5) who was married to Shaataram Mulik of Kondur