JUDGMENT

Harjit Singh Bedi, J. —

1. This appeal arises out of the following facts:

2. One B.K.Naik had two brothers - Rekhya Naik and Ganga Naik PW 6. Balappa Naik, the deceased, PW3 Veeraya Naik, PW 7 Naga Naik and PW9 Shantamma are the children of B.K.Naik and Jamballama, PW1. Shankaramma PW24 was the wife of the deceased. The accused are all sons of Rekhya Naik aforesaid whereas PW.5, Moulasab is the son-in-law of PW6. All the persons being closely related were residents of the Janatha Colony falling within the jurisdiction of Yergera Police Station, Raichur District. As per the prosecution story, land measuring more than 5 acres belonging to B.K.Naik had been mortgaged to Rekhya Naik, father of the accused. The deceased Balappa Naik, who had shifted to Bombay was able to save some money to redeem a part of the land and was making efforts to redeem the remaining portion of the property as well. As the accused had enjoyed the usufruct of the property for some time, they were not happy at this turn of events which had led to ill will between the parties. On 25th August 1995 at about 6.30 p.m., the deceased along with some of the witnesses was sitting outside their houses when all