( 1 ) APPELLANTS-RAMESH. his mother Smt. Ganga Devi and his married sister Smt. Santosh Kumari have been convicted of an offence punishable under Section 302 read with Section 34 of the Indian Penal Code vide judgment dated January 28, 1991 and vide subsequent order of the Additional Sessions Judge dated January 29, 1991. they have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 500 each and in default of the same to undergo rigorous imprisonment for six months. They have come up in appeal challenging their convictions and sentences.

( 2 ) SMT. Krishna since deceased who was about 24 years at the time of her death, was married to Daya Ram Public Witness 2 who is brother of Ramesh-appellant, Smt. Santosh and son of Smt. Ganga Devi-appellant No. 2. This marriage took place about eight years prior to the date of the occurrence and there were two small children alive from the wedlock at the time of the occurrence. Smt. Ganga Devi had four sons. This family was living in house No. T-52. Church Lane. Bhogal. The house was owned by the family. A few years earlier there occurred some partition of the house in the manner that half of the house wa