B.H. Marlapalle, J.

1. This appeal arises from the order of conviction and sentence passed on 28th March, 1991 by the learned 2nd Additional Sessions Judge at Solapur, in Sessions Case No.154 of 1989 and by the said order the appellant - Accused has been convicted for the offence punishable under Section 302 of the Indian Penal Cod and sentenced to suffer life imprisonment. On filing this appeal he was released on bail on 3rd June, 1991 on the same terms as before the trial Court. By our order dated 25th March, 2010 we had cancelled the bail granted to the appellant as he did not cause his appearance through an advocate and therefore as of now he continues to be in jail. We, therefore, appointed Smt. Smita Kadu, Advocate to argue this appeal.

2. Digamber Nagnath Tanksale and Ramchandra Nagnath Tanksale are two of the six sons of Nagnath Tanksale. The family of Digamber stayed in Sangvi-2 and that of Ramchandra stayed in Sangvi-I. It appears that Sangvi was only one and it got divided into two different parts on account of Ujani Dam. Ramchandra had three sons i.e. Prabhakar, Bharat and Mohan. About a week prior to the date of the incident, he had lost his second son Bhara