B.R. Gavai, J.

1. Both these appeals take exception to the Judgment and Order passed by the Learned Additional Sessions Judge, Khamgaon in Sessions Case No. 79 of 2010 thereby convicting the appellants for the offence punishable under Section 302 r/w. Sections 148 and 149 of the Indian Penal Code and sentencing them to suffer life imprisonment and to pay a fine of Rs.5,000/- each and in default to suffer rigorous imprisonment for one year.

2. The prosecution case, as could be gathered from the facts of the case, is thus :

All the accused, the deceased and the witnesses are relatives. On 11.4.2010, there was a marriage of cousin of Raju Bhaidas Bhat (PW5) at village Paladhi in Jalgaon District. The accused were also invited for the said marriage. After marriage ceremony, when lunch was served to the guests, oral altercation took place between Jambhir Bhat and accused no.2 Bhikaji @ Bhikan Suryabhan Kharat on account of maintaining registers of pedigree. It is to be noted that the accused as well as the deceased and the witnesses were 'Bhat' by profession i.e. the profession in which the pedigree registers of various communities are maintained. Raju Bhat (PW5) made an attempt