DHONDU LAXMAN BAGUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals and criminal revision arise out of the judgments passed by learned Ad-hoc Additional Sessions Judge, Malegaon, District Nashik on 12th July 2007 in Sessions Cases Nos.36 of 2004 and 35 of 2004, which were a case and cross case in respect of one and the same occurrence. Thus, it is expedient to determine these appeals and revision by a common judgment.

(2.) Shankar Bagul (the first informant) resides at Thengoda, Tal. Satana along with his children Rajaram (the deceased), Ramdas and the children of Ramdas. The agricultural land bearing Gat No.690 stands in the name of his son Ramdas. It was purchased by Ramdas prior to 5 to 6 months of the occurrence. It was a fallow land. The informant and his sons cultivated the said land. The accused namely Dhondu (accused No.1), Bhavrao (accused No.3) and Mahadu (accused No.8) are the owners of the adjoining land. The abovenamed accused reside with the rest of the accused and their families in the adjoining field. The accused had claimed a right of way through the land bearing Gat No. 690. As the first informant had declined to provide a way, the accused had approached Mamlatdar to carve out a way. The accused did not get any relief in the Court of Mamlatdar. Thus, the accused approached the Civil Court, Satana and obtained an injunction. However, the said order of injunction was vacated by the Civil Court on 3rd January 2004.

(3.) On 5th January 2004, at about 8:00 a.m., the first informant, his son Ramdas (PW 1), Rajaram (the deceased) and Nanaji Barku started to plough the field bearing Gat No.690. Two iron ploughs were employed. The first informant Shankar and Rajaram, the deceased, were on one plough. Ramdas (PW-1) and Nanabhau were on another plough.