ATMARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the appeals are arising out of the judgment and order dtd. 3/8/2016 passed by Additional Sessions Judge, Hingoli in S.T. No. 49 of 2014, whereby, out of in all 25 accused persons, accused no. 2 Atmaram and accused no. 4 Madhav are convicted for the offence punishable under Ss. 302 and 326 r/w 34 of the Indian Penal Code [IPC] and sentenced to suffer rigorous imprisonment for life, while rest of the accused i.e. accused nos. 1, 3, and 5 to 25 stand acquitted from all the charges.

(2.) The convicted accused nos. 2 and 4 i.e. Atmaram and Madhav have challenged the above conviction by preferring Criminal Appeal No. 522 of 2016, while the original informant has preferred Criminal Appeal No. 557 of 2020 questioning the acquittal to the extent of accused nos. 1, 3, 5, 6, 8 and 9. Since both the appeals are arising out of one and the same judgment and heard at one and the same time, we propose to decide them by this common judgment. PROSECUTION CASE IN TRIAL COURT IS AS UNDER

(3.) The conspectus of the prosecution case in brief is that Baban and appellant Dnyonaba are cousins. Whereas, injured Jijabai is wife of Baban, informant is son of Baban and rest accused are family members of appellant Dnyanoba. They both are agriculturist by occupation and their lands are abutting to each other. There were issues between them about area of the land since four to five years prior to the incident.