JUDGMENT - S.N. KHATRI, J.:---This is an appeal by the original accused from the order of the learned Additional Sessions Judge, Pune, (Shri S.S. Pathak) convicting them under sections 302/34 and 323/34 I.P.C. and sentencing them to life imprisonment and R.I. for six months and a fine of Rs. 300/- or in default R.I. for one month on the two counts.

2. The first three appellants- Raghunath, Popat and Baban-are real brothers. Appellant No. 4 Leelabai is wife of the 1st appellant. The deceased Laxman Ramchandra Mujumale is their Kinsman. The incident in question occurred at Kondhapur, Haveli Taluka in Pune District on 5th February, 1983 around 9 in the field of one Baban Gangaram Mujumale (hereinafter called B.G.M. to distinguish from appellant No. 3). The appellants own agricultural land at village Kondhapur. They have their residential hut in the land itself. To the North of this hut at a distance of about 50 feet is situated a well. To the further North of the well, is the land of the deceased. There he used to reside in his hut with his wife Indubai (P.W. 2), mother Laxmibai (P.W. 3) and his children. Admittedly the appellants and the deceased were owners of the well. Both sides ha

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