MEHATAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals challenge the judgment and order passed by the learned Division Bench of the High Court of Judicature at Bombay, Nagpur Bench dtd. 17/7/2012, thereby dismissing the criminal appeals being Criminal Appeal Nos.569 of 2007 and 8 of 2008 preferred by the present appellants. The criminal appeals filed before the High Court assailed the judgment and order dtd. 24/10/2007 passed by the Court of Additional Sessions Judge, Bhandara (hereinafter referred to as "trial court") by which the trial court convicted the appellants namely, Rajkumar Baburao Lade (Accused No.1) and Mehatar (Accused No.9) for the offences punishable under Ss. 147, 148, 452 and Sec. 302 read with Sec. 149 of the Indian Penal Code, 1860 (for short, 'IPC') and sentenced them to suffer rigorous imprisonment for life.

(2.) The story of the prosecution in a nutshell is that the complainant/PW.1-Sindhubai had previous enmity with the accused Rajkumar. It is her case that the she-goats of Rajkumar and other accused persons used to enter her garden and damage her mango trees and leaves of beans. It is her case that on this account, there used to be constant quarrels between them. It is further her case that her brother-in-law Shyamrao, who was residing in village Sitasawangi, had given a piece of land to accused Baburao (accused No.2), wherein he had constructed a hut. It is her case that Shyamrao used to rear pigs in the said plot and on account of this Baburao had dispute with deceased Shyamrao.

(3.) Upon completion of the investigation, charge-sheet came to be filed against ten accused persons.