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 prior to the incident, appellant No.2 Balasaheb, while ploughing his land had uprooted the boundary stones. On that count some altercation has taken place between the deceased and the appellant No.2. The deceased has refixed those boundary stones with the assistance of his cousin brother P.W.10 Mahadeo. However, those stones were again uprooted by the appellants and as a result, the relations between the parties had become quite strained.

3. In this backdrop, the incident giving rise to this case, took place on 25.7.2004. On that day in the morning, appellant No.1 Anandrao had come from Mumbai, as per his usual practice, for one or two days. On that day at about 8.30 a.m. when the deceased was returning from the field, some altercations and exchange of abuses again took place between the deceased and the appellants. Hearing the altercation and noise of shouting and abuses, P.W.5 Lata Patil, the sister-in-law of the deceased, rushed outside, alongwith Suvarna, the wife of the deceased and they saw that the appellant No.2 Balasaheb was assaulting the deceased with sickle in his hand. The deceased was trying to avoid assault and has raised his left hand to do so. However, he sustained injury on his left hand and he was pushed on the ground by appellant No.1 Anandrao. Appellant No.2 Balasaheb inflicted the blows of the sickle on the waist and back of the deceased. Then appellant No.1 Anandrao took sickle from the hands of appellant No.2 Balasaheb and assaulted the deceased with the said sickle on his both the thighs. P.W.10 Mahadeo, whose house was just adjacent to the house of deceased, rushed there to help the deceased. However, the appellants threatened him not to intervene in the assault. Due to assault, Bhanudas sustained injuries all over his body. Both the appellants ran away from the spot; with appellant No.1 carrying sickle with him. The persons residing nearby and passing on the road then took injured Bhanudas in a tempo to the Civil Hospital at Sangli. There Doctor declared Bhanudas dead on admission.

4. P.W. 10 Mahadeo then went to Sangli Rural Police Station and lodged complaint against the appellants. On his complaint Exh.89, P.W.13 PI Shinde, registered C.R.No.81 of 2004 and took over investigation. He called two panchas and went to the Civil Hospital. There after making inquest panchanama (Exh.45), he sent the body for postmortem examination. Thereafter PI Shinde went to the spot and drew scene of offence panchanama at Ex.49. From the spot, he collected blood stained soil and simple soil. The photographs of the scene of offence were also taken. On the very day, P.W.13 PI Shinde recorded statements of six witnesses including that of P.W.5 eye witness Lata Patil. Both the appellants were arrested. Their blood stained clothes were seized under