JUDGMENT:

S.B. Sinha, J.

1. Appellants who are five in number are before us being aggrieved by and dissatisfied with the impugned Judgment of the High Court of Bombay, Aurangabad Bench at Aurangabad dated 5.9.2005 passed in Criminal Appeal No. 398 of 1999 affirming a judgment of conviction and sentence dated 30.9.1999 passed by the Sessions Judge, Beed in Sessions Case No. 18 of 1998 convicting the appellants herein inter alia for commission of an offence under Section 302 read with Section 149, Section 147 read with Section 149 of the Indian Penal Code.

2. Appellants herein were proceeded against for committing an offence of culpable homicide amounting to murder of one Dnyandeo and for causing hurt to one Bapu (P.W. 6) on 22.1.1997 at about 10.30 p.m. in the night in Village Pangulgavhan within the Police Station Ashti in the District of Beed. First Information Report in respect thereof was lodged at 7.30 a.m. on 23.1.1997 by PW-2 Rohidas Gite alleging that while he had been sleeping in his house after taking meal, his uncle Ajinath Gite (P.W. 3) came to his house to inform him that thieves had come and some 'tumult' is going on, whereupon both of them went towards the place of occu