JUDGMENT - VISHNU SAHAI, J.:---Through this appeal, the appellants challenge the judgment and order dated 22nd March, 1996 passed by the Second Additional Sessions Judge, Jalna, in Sessions Case No. 30/1995, whereby they have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- each, in default to undergo R.I. for one year, for the offence punishable under section 302 read with section 34 of the Indian Penal Code.

2. In short, the prosecution case runs as under.

The four appellants are brothers inter se and are nephews of the deceased Dattarao. Their father, Kundalik, was Dattarao's brother. There was bad blood between the appellants and the deceased on account of partition of agricultural lands. A day before the incident, i.e. 10-6-1994, all the four appellants took mango fruits from a tree situated on the common bond of the agricultural lands belonging to the appellants and the deceased. The same evening when the deceased returned from the weekly market, his son, Prakash, P.W. 4, informed him about this.

On 11-6-1994, at about 9-9.15 a.m., Sharda, P.W. 2 and her sister Kalindi, P.W. 3 (the daughters of the deceased), along with the deceased

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