JUDGMENT - S.M. DAUD, J.:---This appeal takes exception to the conviction and sentence recorded against the appellants for the commission of offences punishable under sections 302, 307 r/w, 34 and 323 of the Indian Penal Code.

2. Appellants before us, were arranged along with three others being the full brothers of the 1st appellant for the commission of offences allegedly committed by all of them in furtherance of common object on 9-6-1989. Appellants Nos. 2 and 3 are the sons of appellant No. 1.

3. The prosecution case was that appellants and the acquitted-accused though Harijans village Karoli, Taluka : Kavathe-Mahankal, Dist. Sangli, and living in the Harijan Vasti had been black-listed, if not virtually excommunicated, by their fellow-Harijans. What exactly is the reason for the excommunication, has not been specified by the prosecution witnesses. According to the appellants and the co-accused, the excommunication was motivated by jealousy on account of them being educated and fairly affluent, as against, the semi-literate and never-do-well condition of the other inhabitants of Harijan Vasti. Deceased Akaram is the husband of P.W. 4 Muktabai, the father of P.W. 5 Kushaba and brother of P.W. 11 Nilappa. Akaram and Nilappa were living together with their wives and children. Namdeo who has not been examined, is a brother-in-law of Akaram. On 9-6-1989, the inmates of Akaram's residence came back after doing the day's work. Kushaba was sent to fetch pulses from the shop of one Pawar. On the way he had to pass the wada of Pawar. While passing this wada, Kushaba heard the sounds of a musical instrument called Dholki being played unmelodiously. Kushaba went into the wada and entered the room in which a drama rehearsal was in progress. Certain persons were assembled in that room and they included appellant No. 2 Dadasaheb. It was him who was responsible for the unmelodious sounds which had attracted the attention of Kushaba. Kushaba gave expression to his view and that angered Dadasaheb. Heated words ensued and very soon the two were at each others throats. Those present, including P.W. 10 Arvind, intervened and set apart the disputants. The occupant of the room, Eknath Jagtap, came at this stage and drove away the whole crowd from his room. Kushaba went to the shop of Pawar, purchased the pulses he had been asked to buy and delivered the same to his mother. The mother, Muktabai, was informed of what had taken place. Kushaba then left for a place which he describes as Samaj Mandir or Takiya. For sometime he stayed at the Takiya, conversing with the boys assembled there. While returning home he sighted the appellants and the acquitted-accused in the Court-yard of Sopan Karpe. Sometime thereafter came to him, the voice of his mother screaming in pain. Kushaba went running. The sight that met his eyes was that of Akaram lying on the ground and seated by his side the wounded, Muktabai. Appellants and the acquitted accused rushed at Kushaba as soon as they sighted him. The explanation for the shouts that had attracted Kushaba, comes from the testimony of Muktabai. While she was at home, the appellants and the acquitted-accused came in a body and stood outside her home. They were ultering filthy abuses. She protested against the same and Akaram followed suit. Angered at the Akaram's intervention, the appellants and the acquitted accused inflicted a severe beating on his person. Appellants Nos. 1 and 3 used axes while the others used sticks. Also beaten with these instruments was Kushaba. Muktabai sustained two injuries when she came to the rescue of her fallen husband. The incident over, the culprits fled. Nilappa fetched Namdeo, the brother-in-law of Akaram. He also brought the Police Patil and Sarpanch on the scene. Akaram had passed away and therefore, his corpse was left on the spot. Muktabai and Kushaba were removed in a tempo to Kavathe-Mahankal. Nilappa was confused, horror-stricken and under a great deal of tension. What exactly h

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