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 Irappayy