V. BHASKARA RAO, J.

( 1 ) THIS appeal arises from the judgment in S. C. No. 104/1993 on the file of Ist Additional Sessions Judge, Nellore, dated 15-3-1995, convicting both the appellants under S. 302 read with S. 34 of Indian Penal Code and sentencing them to imprisonment for life.

( 2 ) THE facts giving rise to this appeal in brief are that appellant No. 2 (Vakati Penchaliah), is the father of appellant No. 1 (Vakati Lavakishore), P. W. 2 (Vakati Gopi Krishna) and the deceased (Vakati Madhusudhana Rao ). P. W1 (Vakati Lakshmi Kamakshi) is the wife of the deceased. Some disputes arose between the deceased and his brothers as well as the father regarding partition of properties. That led to the filing of a partition suit OS. No. 33/1988 on the file of Subordinate Judge, Nellore by the deceased. The deceased took a house on rent in Karanala Street, Nellore town, and started living there along with his wife (P. W. 1) and he was running Madhu Fancy Shop. P. W. 2 was residing in the down stair portion of house bearing No. 22/215, which is a joint property, and the deceased was keeping some of his articles in the upstair portion of that house. Both the appellants were residing in anothe

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