Challenge in this appeal is to Judgment rendered by Principal Sessions Judge, Parbhani, in Sessions Case No.97/2004. By the impugned Judgment, appellants are convicted for offences punishable under Section 304-II read with 34 of the I.P.C. and under Section 457 read with 34 of the I.P.C. They have been sentenced to suffer rigorous imprisonment for 7 (seven) years and to pay fine of Rs.2,000/ - (Rs.Two thousand) each in default, to suffer rigorous imprisonment for 6 (six) months and to suffer rigorous imprisonment for 3 (three) years and to pay fine of Rs.1 ,000/- (Rs.One thousand) each in default, to suffer rigorous imprisonment for 3 (three) months, respectively, for the above offences. Both the substantive sentences have been directed to run concurrently.

2. The incident giving rise to the prosecution occurred in the evening of 19th February, 2004 at residential house of deceased Muktabai. Her husband - Bapurao and appellant No.2 - Laxman are brothers inter se. Appellant No.1 is the wife of appellant No.2 and appellant No.3 is their son. Said Bapurao and appellant No.2 were residing separately but there were disputes on account of demand for complete partition of the