SANJAY DATTU DAMBRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed for suspension of substantive sentence imposed on the applicants. The applicants/appellants are original accused Nos.1, 3 and 4 in Sessions Case No.10/2014, who have been convicted by Additional Sessions Judge, Jalgaon on 28/6/2023 thus -

(2.) Heard learned Advocate Mr. G.A. Kulkarni holding for learned Advocate Mr. B.S. Deshmukh for the applicants and learned APP Mr. S.J. Salgare assisted by learned Advocate Mr. A.L. Gaikwad holding for learned Advocate Mr. S.V. Deshmukh for sole respondent. With the help of learned Advocates representing the respective parties we have gone through the evidence before the trial Court. In order to cut short, it can be said that they have argued in support of their respective contentions.

(3.) The prosecution story, in short, is that - informant Vaishali lodged report with Pimpalgaon (Hareshwar) Police Station on 1/6/2013 stating that they have 04 acres of land in Kalamsara area. Out of that 03 acres land was purchased from deceased father-in-law Dattu and 01 acre remained, in which they have share. The mutation has not been effected as it was in the name of deceased Dattu. However, her brother-in-law, accused No.1 Sanjay and his wife Bharti were insisting that the said land should be transferred in their name. Around 7.00 a.m. on 1/6/2013 she was along with her sister-in-law Rekhabai, another brother-in-law Sunil and they had gone to pick the stubble. They were objected by the accused persons, who had come in rickshaw around 9.00 a.m. Accused persons lifted the sticks lying in the field and assaulted them.