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