VISHNU SAHAI, J. :- Through this appeal, the appellants have challenged the Judgment and order dated 8-3-1996, passed by the IIIrd Additional Sessions Judge, Thane, in Sessions Case No. 620 of 1994, whereby they have been convicted and sentenced in the manner stated below :-

(i) Under Section 302 read with 34 of IPC to suffer imprisonment for life and to pay a fine of Rs. 2000/- each, in default to undergo six months RI; and

(ii) Under Section 323 read with 34 of IPC to three months RI and to pay a fine of Rs. 200/- each, in default to suffer RI for one month.

The substantive sentences of the appellants were ordered to run concurrently.

In short, the prosecution case runs as under :-

The three appellants are real brothers inter se and the deceased Sadashiv was also their real brother. The informant Pundlik Kavle PW 1, and Sanjay Kavle, PW 3 were the sons of the deceased and Saraswati was wife of the deceased. It is said that the appellants and the deceased lived in contiguous houses.

There was an enmical strain between the deceased, informant and others on one side and the appellants on the other. It is said that sometime prior to the incident, father of the appellants and the d