JUDGMENT :

A.V. RAVINDRA BABU, J.

1. This Criminal Appeal is filed by the appellant Nos. 1 and 2, who were A.1 and A.2 in Sessions Case No. 62 of 2008, on the file of Sessions Judge, Vizianagaram, challenging the judgment, dated 23.03.2011, where under the learned Sessions Judge, found A.1 guilty of the offence under Section 304 Part II of I.P.C. and A.2 guilty of the offence under Section 304 Part II r/w 34 of I.P.C. as against the original charge under Section 302 and 302 r/w 34 of I.P.C. against A.1 and A.2 respectively. Further, the learned Sessions Judge, found A.1 guilty of the offence under Section 307 of I.P.C. and A.2 guilty of the offence under Section 307 r/w 34 of I.P.C. The learned Sessions Judge sentenced them to suffer rigorous imprisonment for six years each and to pay fine of Rs. 500/- each in default to suffer simple imprisonment for three months each for the offence under Section 304 Part II and 304 Part II r/w 34 of I.P.C. respectively and further sentenced them to suffer rigorous imprisonment for two years each and to pay fine of Rs. 200/- each for the offence under Section 307 and 307 r/w 34 of I.P.C. respectively.

2. The parties to this Criminal Appeal will hereinafter be referred as described before the trial Court for the sake of convenience.

3. The Sessions Case No. 62 of 2008 arose out of committal order in P.R.C. No. 8 of 2008, on the file of Additional Judicial Magistrate of First Class, Vizianagaram, pertaining to Crime No. 153 of 2007 of Bhogapuram Police Station.

4. The case of the prosecution, in brief, according to the charge sheet filed by the State, represented by Inspector of Police, Bhogapuram Circle, is as follows:

(i) A.1 and A.2 are the residents of Chakivalasa village. A.1 is the younger brother of A.2. One Kalyanapu Satyavathi (hereinafter will be referred to as “deceased”) is also resident of Chakivalasa village, who is the sister of A.1 and A.2. Her husband, LW-7 Kalyanapu Narayana, was brought to Chakivalasa as Illarikam son-in-law. She has two daughters i.e. LW-2 Nadupuri Rajeswari and LW-4 Kalyanapu Rajayalakshmi. LW-2 was given in marriage to another younger brother of accused. They are all staying in Chakivalasa village. Accused developed grudge against the deceased on the ground that she is claiming equal share in their family properties and that their mother i.e. LW-3 Nadupuri Pydamma is supporting the cause of deceased. Several times accused developed hatred against the deceased. One month prior to the occurrence, A.1 and A.2 entered into agreement with LW-11 Gorli Srinivasa Rao to sell away 12½ cents of ancestral land and received Rs. 30,000/- as advance. Deceased raised a panchayat in that connection before the Sarpanch LW-5 Lenka Ramunaidu.

(ii) On 27.12.2007 at 12-00 noon accused started abusing the deceased. At that time, the husband of the deceased i.e. LW-7 intervened and scolded the accused as to why they are abusing the old woman i.e. LW-3 unnecessarily. Then, A.2 beat LW-7 on his head with a hoe (Boriga) to kill him. When A.2 raised again the hoe to beat LW-7, he raised his left hand to ward of the blow which landed on it. He received bleeding injury on both his head and left arm. A.1 beat LW-7 with hands. Then, LW-2 rushed to the scene to rescue her father. A.2 wanted to give a blow with a hoe on the shoulder of LW-2, but she successfully ducked the same. Then, the deceased rushed to the spot raising cries. Then, A.2 made an attempt to blow on her back and the deceased started running towards the thatched shed of Nadupuru Satyam. Accused did not keep quiet and chased her. A.1 caught hold of the deceased and shouted that unless she is killed they cannot regain their properly and instigated A.2 by crying Veyyara. Then, A.2 beat the deceased with hoe (Boriga) on the head of the deceased, who collapsed due to the head injury on the spot and died there.

(iii) On receiving information about the incident, the V.R.O. proceeded to the spot, recorded the statement of LW-2 and hande