T.V. Nalawade, J.

1. The appeal is filed against judgment and order of Sessions Case No. 64 of 1995 which was pending in the Court of Additional Sessions Judge, Ambajogai, district Beed. The Appellant was charged for offence punishable under section 302 read with 34 of I.P. Code. He is convicted for the offence under section 304 Part II of I.P. Code and sentenced to suffer R.I. for 5 years and to pay a fine of Rs. 500/-. Both the sides are heard. The incident in question took place on 10th August, 1995 in Mochi Galli, Sadar Bazar, Ambajogai. The complainant Homlal Choudhari was a Member of the Committee formed by his community for resolving the disputes amongst the members of the community and for taking policy decisions in the community. There are allegations that Appellant and some other persons of his side were against Homlal and they used to pick up quarrels with Homlal and the members of his family.

2. Deceased Ravichandra was working with one Orchestra unit and he was attending a tuition to learn the use of musical instruments. On the day of the incident, Homlal and his son Santosh were invited to attend a function of Bhajan in the house of Shivram Pitambre. They went