DEEPAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against the judgment and order dated 19/01/2016 passed in Sessions Case No. 184 of 2010, which was pending in the Court of the learned Additional Sessions Judge, Aurangabad. The Trial Court has convicted both the appellants, who were accused Nos. 1 & 2, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and fine is imposed. Both the sides are heard.

(2.) In short, the facts leading to the institution of the appeal, can be stated as follows:

(3.) There was dispute between these two families over agricultural land admeasuring five acres and the land was standing in the name of Pundalik. Chhayabai and her two sons were asking Pundalik to partition this land and give separate share to them but Pundalik was avoiding to do so. On the occasion of previous Ganpati Festival, accused No.1 Dipak had picked up quarrel with the family of Kantabai and he had assaulted Kantabai. The dispute was not taken to police due to aforesaid close relationship.