JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in these appeals is to the common judgment of a Division Bench of the Bombay High Court, Nagpur Bench, dismissing the appeals filed by the present appellants. The appellants were found guilty of offence punishable under Sections 302 read with 34 of the Indian Penal Code, 1860 (in short the ‘IPC’). The appellant Ravindra was also convicted for offence punishable under Section 324 IPC. Appellants Ravindra, Naresh and Shalikrao are hereinafter referred to as A-1, A-2 and A-3. The learned Adhoc Additional Sessions Judge, Yuvatmal had found the appellants guilty as aforenoted.

3. Background facts in a nutshell are as follows:

Appellant Shalik is father of appellants Ravindra and Naresh. On 13.11.1999, at about 7 p.m. appellant Naresh was going to his house and was carrying bundle of cotton/grass. The road to his house was adjacent to the house of complainant Vandana (PW1). On the way, the cotton bundle hit the roof of the complainant’s house and, therefore, husband of the complainant, Dewanand (PW 3) accosted appellant Naresh and told him that he should have been more careful while carrying the bundle of cotton and ought t