Shalini PhansalkarJoshi, J.

1. This appeal is preferred by original accused Nos. 1 and 2 challenging the judgment and order dated 30th December, 2006, in Sessions Case No.23 of 2005, of Sessions Judge, Sangli, thereby convicting both the appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay compensation of Rs.1 lac each to the widow and the children of the deceased; in default to suffer rigorous imprisonment for two years.

2. Brief facts of the appeal can be stated as follows :

The appellants are the real brothers interse. The appellant No.1 Anandrao at the relevant time was serving in Air India and residing at Mumbai alongwith his family since last more than 20 years. Appellant No.2 Balasaheb was agriculturist looking after agricultural land belonging to the family situate at Kavalapur, Taluka Miraj, District: Sangli. The agricultural land of deceased Bhanudas was adjacent to the land of appellants. The house of deceased was also adjacent to the house of appellant No.2 Balasaheb. There were some boundary disputes between the appellants and the deceased. Just a month