JUDGMENT :

T.V. NALAWADE, J.

1. The appeal is filed against the judgment and order of Sessions Case No.112/2013 which was pending in the court of the learned Additional Sessions Judge, Beed. The trial court has convicted the appellants for offence punishable under section 302 read with 34 of the Indian Penal Code and sentence of imprisonment of life is given. The appellant Nos.1 to 3 are convicted for offence punishable under section 326 read with 34 of the Indian Penal Code also and for that offence, sentence of rigorous imprisonment of five years is given. Fine is also imposed. Accused No.4 who was tried along with these three accused is acquitted by the trial court. Accused Nos.5 to 8 of the case were absconding so the case of only the accused who faced trial was separated. Both the sides are heard.

2. In short, the facts leading to the institution of the appeal can be stated as follows :--

3. The incident in question took place on 4-4-2013 in village Nipani Jawalka, Tahsil Georai, District Beed. On that date up to 5.00 p.m. deceased Mahadeo, brother of the first informant by name Dilip, Vinod, who is brother of Mahadeo and Dilip and a friend of the deceased by name Appa Bangar and also Barku Bangar (present accused No.2) were playing card-game in the house of Sarjerao, cousin of the first informant Dilip. They were putting money on the game. In the game, Barku lost money and then there was a quarrel. Deceased Mahadeo tried to intervene in the incident and advised Appa Bangar and others to stop playing the game. Due to this advice, Barku became angry with Mahadeo. He asked Mahadeo to leave the place and then there was quarrel between Barku and Mahadeo. Somehow the quarrel was settled at that place and the persons who had gathered returned to their respective houses.

4. At about 7.00 p.m. of the same day, the informant Dilip, his brother Vinod and deceased Mahadeo together went to the house of Barku to ask him as to why he had quarrelled with Mahadeo. When these three persons were having talk with Barku, Shriram (accused No.1) a brother of Barku came out with axe from the house and gave blow of axe on the head of Mahadeo. Mahadeo collapsed due to this blow and he sustained bleeding injury to the head. When Dilip tried to hold Shriram, Shriram gave blow of axe from blunt side on the head of Dilip and due to that Dilip also sustained bleeding injury. Shriram assaulted Dilip also on his hand. In the mean time Barku took a bamboo stick and assaulted Dilip on his leg. Kalabai, mother of Barku came there with handle of axe and she gave blow of that handle on the head of Mahadeo. Laxman, father of Barku also came out with stick and he assaulted with stick to Dilip and Vinod. Due to the injuries, Dilip, Vinod and Mahadeo were moaning but the assault was continued by the accused by saying that they wanted to finish the injured.

5. The aforesaid incident was going on in front of the house of one Wadmare and the spot is situated in the vicinity of the house of Barku. After hearing hue and cry of the injured, Archana and Komal, lady members of the families of Vinod, Mahadeo and Dilip rushed there. To save the life of the three injured they gave cover of their bodies to injured persons. They somehow saved Dilip and Vinod. All the three injured had become unconscious. These three injured were shifted first to Government Hospital Georai and then they were referred to Civil Hospital Beed for further treatment. As the condition of Mahadeo was more serious, he was shifted to one private hospital from Aurangabad. Then Vinod was also shifted to Civil Hospital Aurangabad.

6. The report of Dilip came to recorded in Civil Hospital Beed on 6-4-2013, after he regained consciousness. Certificate about fitness of this witness to give statement was obtained from the doctor. This report was sent to Georai Police Station by police who recorded the statement in Civil Hospital Beed. On 7-4-2013 Crime at CR No.50/2013 came to be registered first for offence punish