JUDGMENT

B.A.Patil, J. - This appeal has been preferred by the appel lants-accused Nos.1 and 2 chal lenging the judgment of conviction and order of sentence dated 20.07.2017 passed by the learned IX Addl. Sessions Judge at Belagavi in S.C. No. 402/2009 wherein accused Nos. 1 and 2 have been convicted and accused No. 3 has been acquitted of the charges leveled against him.

2. We have heard the learned counsel Sri K.L. Pati l on behalf of Sri K.S.Pati l and Sri Sadanand M.K. for the appellants-accused so also we have heard Sri V.M. Banakar, learned Addl. SPP for the respondent-State.

3. The brief facts of the case of the prosecution are that, one Basavanni was the brother of accused No.1. Agricultural land bearing R.S. No. 162/1A situated at Hire- Munovall i vil lage is jointly standing in the names of Basavanni, accused No.1 and their brothers. A bore well was also existing in the said land. It is al leged that there was a dispute between the said Basavanni and the accused No.1 for taking the water from the bore well. In that l ight, on 14.08.2009 at about 5 p.m. when Basavanni and his son, the complainant had been to the land which had been fallen to the share of accused No.1 for wa