K.K. SONAWANE, J.

1. The Appellants, taking exception to the judgment and order of conviction under Section 302, 323, 324 r/w. 34 of I.P.C. and resultant sentence of imprisonment for life and to pay fine of Rs. 2,000/- each, in default, R.I. for one month, preferred the present appeal to redress their grievances. The learned trial court also held both the accused guilty for the offence punishable under Sections 323 and 324 of I.P.C. However, the trial court did not award separate sentence being a lesser offences.

2. The factual matrix giving rise to the prosecution of the appellants in this case, in brief, is as under :-

That, the ill-fated victim Tukaram Baburao Pandhare r/o. Babhalgaon, Taluka Ambejogai, Dist. Beed is the husband of PW-3 Shobha and father of PW-2 Janabai Pandhare. Accused Dnyanoba and Lilawatibai are the husband and wife, resident of same village Babhalgaon, Taluka Ambejogai. The Victim Tukaram was the real brother of accused Dnyanoba and both were eking livelihood by doing agricultural labour work. The relations in between the family of the victim Tukaram and accused Dnyanoba were strain on account of partition of joint family property.

On the fateful day