JUDGMENT - V.V. VAZE, J.:---In the Village Chariv, Taluka Shahapur, District Thane lives Dattu Kamlu Umavane in a small hut which has two parts; first part is used as kitchen room and another as ota. Dattu has five sons and he along with his wife Devakabai reside in the hut. They have a small holding of about an acre which they cultivate.

2. The sons take up agricultural jobs to eke out a supplement to the family income which is a meagre one. One of the sons had left for Bhiwandi as the one acre holding was too small for that family. On 16-12-1982 Budha, 20, one of the brothers had a quarrel over a minor issue with his elder brother Dharma who was in his thirties about the manner of cultivation of the family field. Both the sons refused to partake meals and Dharma slept on a cot in the house while Budha went out. As the hut is small one all the five sons could not be accommodated and it appears that Budha had to leave the hut seeking lodging in the houses of relatives and on that evening went to his cousin Ambo Panse.

3. Next day, i.e. on 17-12-1982 Dattu and his wife Devakabai got up early as usual in the morning. Devakabai went out started cleaning the cattle shed and Dattu was

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