K.C. Bhanu, J.

This Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."), is directed against the judgment, dated 22.09.2008, in Sessions Case No.89 of 2007 on the file of II Additional Sessions Judge (Fast Track Court), Nizamabad, whereunder and whereby, the appellants/A.1 and A.2 were found guilty of the offences punishable under Sections 302 read with 34 and 307 read with 34 of the Indian Penal Code, 1860 (for short, ‘I.P.C’) and accordingly convicted and sentenced to undergo imprisonment for life each and to pay fine of Rs.2,000/- each in default to undergo simple imprisonment for two months each for the charge under Section 302 read with 34 IPC and to undergo rigorous imprisonment for seven years each and to pay fine of Rs.1,000/- each in default to undergo simple imprisonment for one month each for the charge under Section 307 read with 34 IPC, and both the sentences were ordered to run concurrently.

2. The brief facts that are necessary for disposal of the present appeal may be stated as follows:

A.1, A.2 and Bhukya Bansi (hereinafter referred to, as ‘the deceased’) are brothers. A.1 borrowed an amount of Rs.5,500/- cash and Rs.1,500/- worth rice from P.W.2 with written agreement (Rokha) to do service for a period of 6 months and the deceased stood as surety, but A.1 worked for a period of two months only. Then P.W.2 demanded the deceased to return the said amount on the ground that A.1 was not working with him. Out of Rs.5,000/-, the deceased deducted Rs.1,600/- for the work done by A.1. Deceased assured that he would pay the debt by selling paddy and assured him to pay Rs.3,400/-. As the deceased insisted A.1 to pay the amount, he bore grudge. On 13.05.2006 at about 9.00 PM, a quarrel ensued between the deceased, A.1 and A.2 and thereafter P.W.5 and the deceased went to the fields to watch paddy crop. At about 10.30 PM, both the accused came to the fields of the deceased, abused and beat him with cart-pegs on his head. P.W.5, who was present at the time of incident rushed to the house from the fields and informed about the incident to P.W.4. Then P.Ws.4 to 6 and others rushed to the scene of occurrence. When P.W.4 questioned A.1, A.1 also beat her and beat P.W.5. Thereafter, P.W.3 and others took double bullock cart and shifted the deceased to Kondapur and from there they had taken the deceased in an auto to Armoor and while reaching the Government Hospital, Armoor, the deceased was succumbed to injuries. Thereafter, L.W.1-Battu Laxman lodged a report to police. On the next day morning at about 8.00 AM, P.W.11 registered a case and informed about registration of case to Inspector of Police-P.W.12. P.W.12 took up investigation, proceeded to scene of occurrence and prepared rough sketch of the scene. He held inquest over the dead body of the deceased, and thereafter, the dead body was subjected to post-mortem examination. P.W.10- Doctor, who conducted autopsy over the dead body of the deceased opined that the deceased died as a result of shock and haemorrhage due to fracture of skull. Accused were arrested and in pursuance of their confessional statements M.O.1 was seized. After receipt of wound certificate and after receipt of report from Forensic Science Laboratory, P.W.12 filed charge sheet.

3. The trial Court framed the following charges against the appellants /A.1 and A.2:

“That both of you on 13.05.2006 at about 10.30 pm with a common intention to kill your elder brothers viz. Bhukya Bansi, went to his agricultural field and beat him with cart pegs on head and caused death of your elder brother Bhukya Bansi and thereby both of you have intentionally committed an offence punishable under Section 302 read with 34 IPC and within my cognizance.

That both of you on the aforesaid date and time beat Bhukya Sona Bai wife of the deceased Bhukya Bansi with cart pegs while she was obstructing your beating to the deceased Bhukya Bansi and under such circumstances by that ac