DATTARAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the original accused nos.1 to 3 against the judgment and order passed by the learned Additional Sessions Judge by his judgment and order dated 03.08.2015 whereby accused nos.1 to 3 have been convicted of the offence punishable under Section 302 , 323 , 504 , 506 read with Section 34 of the I.P.C. whereby accused nos.1 to 3 have been sentenced to imprisonment for life for the offence punishable under Section 302 read with Section 34 of the I.P.C. and fine of Rs.5,000/- each in default to suffer rigorous imprisonment for one year. Further, they have been convicted for the offence punishable under Section 323 read with Section 34 of the I.P.C. and thereby sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.1,000/- each in default to suffer R.I. for one month. Further, they have been convicted for the offence punishable under Section 504 read with Section 34 of the I.P.C. and thereby sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.3,000/- each in default to suffer R.I. for three months. Further, they have been convicted for the offence punishable under Section 506 read with Section 34 of the I.P.C. and thereby sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.3,000/- each in default to suffer R.I. for three months. Accused nos.1 to 3 were directed to pay Rs.50,000/- by way of compensation to PW1-informant. Accused no.4 dead-abated.

(2.) Facts giving rise to this appeal can be briefly stated as under:-

(3.) PW-1, the informant lodged the FIR alleging that the deceased Abasaheb was his son. About four years, ago, PW1 had purchased land to the extent of one acre from Bandu S/o Uttamrao Ambhore. He had taken the crop of Soyabean in the said field. Since incorrect boundaries were mentioned in the sale-deed, the said land was mutated in the name of accused no.1-Dattarao. Accused no.1 was laying claim over the land. PW1, the informant had filed a civil suit in Civil Court, Basmath which was decreed. Accused no.1 always used to threaten PW1 that accused no.1 would kill his family.