S.M. GAVHANE, J.

1. The appellants original accused Nos.1 and 2 who have been convicted and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- [Rupees One Thousand] in default, to suffer rigorous imprisonment for one month, each, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code [for short 'the IPC'] as per the judgment and order dated 12.06.2013 passed by Additional Sessions Judge, Majalgaon, Dist. Beed in Sessions Case No.73/2012 have preferred this appeal challenging the said conviction and sentence.

2. The prosecution case as it appears from the police papers, is as under:

(A) Accused No.1 is the son and accused No.2 is the widow of the deceased Jagannath Bhaguji Sirsath. Angad and Urmila (PW4) are the other issues of the deceased and the accused No.2. Angad was residing at Pune at the relevant time. The deceased was residing in a house constructed in his agricultural land at Bhaijalivasti – Jahangirmoha alongwith the accused and Urmila (PW4). The informant Kushaba Bhaguji Sirsat (PW3) is the brother of the deceased. He owns agricultural land and house adjoining the agricultural land of the deceased. PW3 used to reside in the said house. Accused No.1 is married, but his wife was residing with her parents.

(B) It is alleged that the deceased was addicted to liquor and under the influence of liquor, he used to pick up quarrels with the accused oftenly. The accused were saying the deceased that he would sale agricultural land due to addiction of liquor and therefore to transfer the agricultural land in their names. On this count there occurred a quarrel amongst them two month's prior to the incident. It is alleged that, the accused had threatened the deceased of dire consequences.

(C) On 28.07.2012 the accused worked in their field, as usual, till evening. The deceased had been to Dharur. Thus, his daughter Urmila [PW-4] was only present in the house. She cooked food. At about 07.00 pm one after another both the accused returned home. After sometime the deceased came home under the influence of liquor. He then started abusing both the accused. The accused No.2 got irritated on account of hurling of abuses. She therefore, said to accused No.1 that to get rid off the nuisance of the deceased, he needs to be finished at once. Then she hit a kitchen iron rod on the forehead of the deceased. The deceased, who was sitting on the cot, fell down. At that moment, the accused No.1 gave blows of axe on the backside of the head of the deceased. The deceased was bleeding profusely.

(D) Upon witnessing the aforesaid gruesome incident, Urmila [PW4], who was then 14 years old, ran to the neighboring house of her uncle, viz., the informant. She narrated about the incident to him. Both of them then came to the spot of occurrence. They saw the deceased in the pool of blood. He was motionless. The informant then intimated about the incident to his brother Bappa and father, who were residing at Village Jahangirmoha at the relevant time. They came there. Thereafter, the informant approached Police Station, Dharur in the night. His complaint came to be recorded at about 00.45 hours on 29.07.2012. Treating the said complaint as FIR (Exh.21), the Police Head Constable Bashir Shaikh registered the Crime No.95/2012 against the accused for the offence under Section 302 r/w Section 34 of the IPC and entrusted investigation to PSI Rathod [PW-7].

(E) During the investigation PSI Rathod had drawn the inquest panchanama on 29.07.2012 [Exh.26] at about 07.00 am at the spot. He then referred the dead body for autopsy to Rural Hospital, Dharur. Dr.Ravi More [PW1] conducted post mortem examination and issued PM report [Exh.16] and he opined that death was caused due to head injury. This was followed by conducting spot panchanama [Exh.29] in presence of the panch witnesses Brahma Sirsat [PW-6] and Prakash Kokate. He seized the blood stained slippers, blood soaked cloth, blood stained soil, plain soi