JUDGMENT :

BANUMATHI, J.

1. Leave granted.

2. Being aggrieved by the conviction under Sections 436 and 323 I.P.C. read with Section 34 I.P.C. the appellants no.1 to 3 have preferred this appeal.

3. Appellant no.1-Shankar @ Shankar Harale and respondent no.2-Namdeo @ Namdeo Satwaji Harale (complainant) are the real brothers. Their agricultural lands are adjacent to each other and there was dispute between them on account of boundary of the field. On 21st May, 2009, respondent no.2-Namdeo (complainant) along with his two sons went to the Tehsil Office. At about 5.00 p.m. the appellants went to the hut of the second respondent (complainant) and there was wordy quarrel between the appellants and Dhondubai (PW-3) and Kanupatra @ Kanopatra (PW-4) who are wife and daughter-in-law of the complainant. During the wordy quarrel, appellant no.2-Vivek pelted stones and the same hit on Dhondubai (PW-3). On being exhorted by appellant no.1-Shankar, appellant no.3-Parvatibai wife of appellant no. 1 set fire to the house of the second respondent-complainant. On the complaint lodged by the second respondent-Namdeo law was set in motion. On completion of investigation charge-sheet was filed against the a