1. The appellants have been convicted by the Second Additional Sessions Judge, Bijapur of committing the offence under S.304, Part II, read with S. 34, I.P.C. and sentenced to undergo rigorous imprisonment for a period of 18 months.

2. The facts alleged by the prosecution are these; Irappayya Jambagi was the owner of S. No. 186/1+ 2A of Satihal village in Bijapur District, called "Hallad Hola". Out of this survey number, he sold 14 acres to Rajesaheb Kannoli (A - 1) under the sale deed Ex. 88, dated 5-6-1959. Even though the recitals in the sale deed were to the effect that possession was delivered to the vendee, the vendor continued to remain in possession of the property sold and was cultivating the same giving 1/4th share of the produce thereof to the vendee A - 1 attempted to lake possession of the property he purchased, but Irappayya resisted the same. In this behalf there were disputes between them.
Two criminal cases had been filed against them for various offences including trespass and assault and those cases came to be compromised. Through the intervention of the elders of the village including Siddangouda Patil (P.W. 23) the parties came loan agreement whereby on Irappayya repaying Rupees 1000/- to A - 1, the latter was to reconvey the land to the former. Some time after this agreement, Irappayya sold the remaining 16 acres. In that survey number to one Vittappa for Rs. 5500. Out of this sum, Irappayya is stated to have paid Rs. 3000/- to A - 1. Some time after this, he approached A - 1 and requested him to reconvey the land on payment of the balance of Rs. 1000/-. At that stage it is the case for the prosecution that A - 1 resiled from the agreement. Therefore, Irappayya filed a suit in this behalf in O. S. No. 83/63. In the Court of the Civil Judge. Junior Division, Bagewadi to enforce specific performance of the agreement. He contended therein that he was a tenant of the land and A - 1 was causing obstruction. He prayed for a declaration that he was a tenant and to restrain A - 1 from interfering with his possession. Thereafter Irappayya raised cotton crops in the land.

3. On 1-3-1964 at about 12 noon, Irappayya took his son Basalingayya (P.W. 2) to the land stating that the children of A - 1 were plucking cotton that had been raised by him in the land. On the way they requested Basappa Bawoor (P.W. 9), Basappa Hagattagi (P.W. 10) and Malkappa (P.W. 11) to accompany them to the land in order to advice the children of A - 1. On reaching the land, these persons noticed five children of A - 1 plucking cotton, among whom two were grown - up daughters of A - 1 Irappayya and others snatched away the cotton that had been plucked by the children and appear to have given them beating also. The children therefore left the field weeping towards the land called "Achari field", where A - 1 and the other accused were engaged in agricultural operations. Even after the children left the field, Irappayya and his companions remained in the land.
Half - an - hour thereafter, the accused came there in a bullock cart from their land where they were working. It is the case of the prosecution that they came there armed with deadly weapons like axes, swords and clubs. Seeing the accused, Irappayya raised alarm and hearing his cries, Isarappa (P.W. 12), Thotappa (P.W. 13), Gurlingappa (P.W. 14). Siddappa Naraboli (P.W. 16) and Siddappa Mayagol (one of the deceased) came to the spot. Among them, Siddappa Mayagol was armed with a deadly weapon. A fight ensued between them, in the course of which Irappayya and Siddappa Mayagol were seriously injured and shortly thereafter died. P.W. 2 Basalingayya also received injuries and he being afraid, ran to the village to intimate the matter to the Patel. Accused 5 and 6 were also seriously injured. They were removed by the other accused persons to Bagewadi dispensary, as their condition was serious, where their dying declarations were recorded.
Basalingayya informed his mother as to what happened in th