PER K.U. CHANDIWAL,J. :-

. The Appellants/Original Accused Nos.1,2 and 3 have challenged the order of conviction of 1st Ad-hoc Additional Sessions Judge, Satara in Sessions Case No.101 of 2001 dated 24.4.2006 The learned 1st Ad-hoc Additional Sessions Judge convicted Accused No.1 Avinash, Accused No.2 Sambhaji, Accused No.3 Ramchandra for the offence punishable under Sections 302, 504 and 506 r/w. 34 of I.P.C. and directed to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- in default R.I. for three months for the offence punishable under Section 302 r/w. 34 of I.P.C. Accused Nos.1,2 and 3 were sentenced to the imprisonment of three months for the offence punishable under Section 504 r/w. 34 and 506 r/w. 34 of I.P.C.

2. Accused No.3/Appellant No.3 Ramesh is the father of Accused No.1 Avinash and Accused No.2 Sambhaji. The Original Accused No.4 was wife of Accused No.3 Ramchandra. The learned Addl. Sessions Judge has acquitted Original Accused No.4. The Accused and deceased Sharad are residing close to each other. Deceased Sharad is the nephew of Accused No.3 Ramchandra. The parties had dispute in relation to ancestral property as the deceased Sharad and his family members nursed a impression that their ancestral property is illegally got mutated by Accused No.3 Ramchandra in the name of his wife Lilabai without giving requisite share to the deceased and his father Sahebrao.

3. On 8.5.2001 at around 3 p.m. a quarrel ensued between Accused Nos.1,2 and 3 and the deceased Sharad when Sharad was returning from market. The Accused/Appellants assaulted the deceased Sharad, his brother Kiran and other family members by iron pipe, sticks and iron angle. Accused No.1 inflicated a fiercely attack of iron angle at the head of Avinash resulting in his suffering profussed bleeding head injury, he was taken to local hospital, then at Civil Hospital, Satara and from there Sharad was shifted to Sasoon Hospital, Pune. Sharad Sadashiv Bhise expired in hospital on 9.5.2001. The Accused/Appellants were put under arrest on the same day. PW-4 Sambhaji Bhise, brother of deceased lodged F.I.R. against the Accused dated 8.5.2001 before Vathar Police Station. PW-9 Sudam Darekar took over investigation from 9.5.2001 by recording statement of two witnesses. Spot panchanama (Exhibit 88) was drawn. On 11.5.2001, apparels of the Accused and on the person of injured/deceased were taken charge (Exhibit 37). On 13.5.2001 based on disclosure statement of Accused No.1 Avinash recorded below Exhibit 108, the incriminating article iron angle, iron pipe and sticks which were concealed in the shed abutting the house of the Accused was taken charge under panchanama (Exhibit 109). Apparels of Accused Avinash were taken charge (Exhibit 80).

4. On 14.6.2001 seized apparels sent to the office of C.A.(Exhibit 149). Charge-sheet was filed before the Judicial Magistrate, First Class, Goregaon on 6.8.2001 and case was committed to the Sessions Court of Satara on 14.8.2001.

5. Charge below Exhibit 23 was explained to all the Accused on 22.5.2002. They challenged the same and claimed the trial.

6. The Accused put forth the defence that they are falsely implicated for the dispute relating to the partition of property. On 8.5.2001 at about 02.45 p.m. the deceased Sharad and his other family members rushed to the pan shop of Accused No.1 and under influence of liquor Sharad and his associates assaulted the Accused, then while proceeding on Scooter, Sharad and Vijay met with accident and Sharad suffered injury.

7. The Accused have also examined defence witness Dr. Bhagwan Mohite to show that on 9.5.2001 they were referred for medical examination and such injury certificate are at Exhibit 128 to 131.

8. In order to establish the case prosecution has examined 9 witnesses. PW-1 Satish M. Pisal is the panch and witnessed spot as pointed