KHANDU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the appeals are filed against the judgment and order dated 19/01/2016 passed in Sessions Case No. 18 of 2011, which was pending in the Court of the learned Additional Sessions Judge, Ambajogai, District Beed. The Trial Court has convicted all the six accused persons for offence punishable under Section 302 read with Section 149 of the Indian Penal Code and each of them is sentenced to suffer imprisonment for life and to pay fine of Rs. 1000/-. In-default of payment of fine amount, each of them is directed to undergo imprisonment of two months. Accused Nos. 1 to 5 have filed one appeal and accused No.6 has filed separate appeal. Both the sides are heard.

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

(3.) The incident in question took place on 17th June 2010. On that day, informant Shivkanya, the deceased, Mahaveer (husband of Shivkanya) and two lady labours employed by Mahaveer were doing agricultural operation like sowing Cotton seeds in some portion of land survey No. 7. This land is different land than the land which was involved in the litigation. The houses of accused persons are constructed in land survey No. 7 and there are many sharers in this land. At about 3.00 pm, Laxman, Shashikant, Usha, Rohini and Sumanbai came towards the place where the prosecution witnesses were busy in sowing operation. Accused No.6 Khandu Bhange was also in the company of accused Nos. 1 to 5 and there was one more unknown person with them, who was allegedly friend of accused No.6.