K.J. Rohee, J.

1. By this appeal the appellant challenges his conviction for the offences punishable under Sections 302 and 307 of IPC and punishment thereunder by the Additional Sessions Judge, Akola in Sessions Trial No. 244/1993 decided on 17.4.1993.

2. The appellant was tried for the offence punishable under Section 302 of IPC for having committed murder of Kamlabai Shankar Sirsat, aged about 55 years and Dinesh Shankar Sirshat, aged about 25 years. He was also tried for the offence of attempt to commit murder of Shankar Kashiram Shrisat aged about 65 years. Other four accused persons were tried for abetting the appellant for committing those offences.

3. Accused No.2 Zabaji @ Sahebrao, accused no.3 Pandurang and PW11 Shankar Kashiram are real brothers. The appellant and accused no.4 Bhaskar are the sons of accused No.2 Zabaji @ Sahebrao. Accused no.5 Miraji is the son-inlaw of accused no.3 Pandurang. Kamlabai (deceased) was the wife of Shankar ( PW11). Shankar and Kamlabai were having four sons and two daughters namely Dilip(PW2) , Dinesh (deceased), Ganesh and Ramesh (PW4), Sou. Manda and Ku. Vandana. PW3 Pushpa is the widow of deceased Di