A.V.Potdar, J.

The appellants in this appeal were convicted in Sessions Case No.31/2006 for the offence punishable u/s. 302 r/w. 34 of The IPC and sentenced to suffer imprisonment for life and to pay fine in the sum of Rs.500/-each in default sentence to suffer further rigorous imprisonment for 3 months, vide judgment and order dated 10/04/2008. The appellants have questioned the legality of this judgment and order by way of present appeal.

2. We have heard learned counsel for appellants and learned A.P.P. for State.

3. Such of the facts which are necessary for the just decision in this appeal can be summarized as follows : First appellant Nandlal Baviskar and one Dilip Waman Baviskar are close relatives and residing at Pungaon. Somewhere in the year 2005, Dilip constructed a common wall in between his premises and the premises of said Nandlal. Dilip had incurred total expenses of the construction of wall, and then demanded 1/2 of the expenses from said Nandlal. As Nandlal had denied to pay half of the expenses incurred by Dilip for the construction of wall, frequently quarrel took place between Dilip and Nandlal. On 16/05/2006, at around 4.00 p.m., exchange of abuse took