B.R. Gavai, J.

1. The appellants have approached this Court being aggrieved by the judgment and order passed by learned Sessions Judge, Gadchiroli in Sessions Case No. 43/2011 thereby convicting the appellants for the offence punishable under Section 452 read with 34 of the Indian Penal Code and sentencing them to suffer R.I. for 3 years and to pay fine of Rs. 250/- each and in default of payment of fine, to further suffer S.I. for one month each and for Section 302 read with 34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs. 1,000/- each. The prosecution story as could be gathered from the material placed on record is thus:-

"The deceased Muttayya was living in Rangadhampetha, tahsil Sironcha, district Gadchiroli. On 17.12.2010 he was sleeping in his courtyard. His son-in-law Mallesh-PW1 was giving fodder to the animals and at around 2.30 p.m., the accused persons came to the house of the deceased, caught Muttayya and too him inside the room of house. Thereafter the accused No. 1 gave a blow of axe on the head of the deceased Muttayya and killed him. On the basis of the oral report given by P.W. 1 Mallesh, Crime No. 33/20