JUDGMENT

Vishnu Sahai, J. - The appellants aggrieved by the judgment and order dated 25-7-1997 passed by the Additional Sessions Judge, Baramati, in Sessions case No. 14 of 1996, convicting and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/- each, in default to undergo 9 months rigorous imprisonment for the offence under sections 302 read with 34, IPC have come up in appeal before us.

Along with the appellants were tried four others viz. Sau. Tai Tanaji

Khade, Sau. Changuna Gorakh Chaudhar, Rajendra Gorakh Chaudhar and Samir Gorakh Chaudhar, but they have been acquitted vide the impugned judgment. The State of Maharashtra has not impugned their acquittal by preferring an appeal.

2. In short the prosecution case runs as under:

The deceased Fulabai Machindra Chaudhar was the second wife of Machindra Chaudhar P.W. 1. It is said that she had married Machindra three years prior to the incident and a year after the death of his first wife.

Machindra and Fulabai at the time of the incident lived in village Ruighadane, Taluka Baramati, within the limits of Police Station Baramti, Distt. Pune.

It is alleged that Machindra had three issues from his fi