MURLIDHAR WAMAN BOMBALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By invoking Sec. 374 of the Code of Criminal Procedure, appellants, who are the original accused Nos. 1 to 3 have taken exception to the Judgment and Order of conviction passed by the learned District Judge - 7 and Additional Sessions Judge, Nashik dtd. 8/6/2015 in Sessions Case No. 142 of 2013, thereby convicting them for the offences punishable under Ss. 302 r/w 34, 323 r/w 34, 324 r/w 34 of the Indian Penal Code ( for short 'IPC ' ) and sentencing them to life, 3 years, 1 year respectively. FACTS GIVING RISE TO SESSIONS TRIAL ARE AS UNDER :-

(2.) The complainant, his sons and accused Nos. 1 to 4 are agriculturists and also relatives of each other. Their lands were adjoining to each other. Due to shortage of water, complainant fetched/drew water from Pazar Talav (Percolation Tank). Accused used to prevent the same. This resulted into bitter relations.

(3.) On 6/12/2012, one of the sons of the complainant namely Dattu and his wife went to fetch water. Another son Raghunath also went to look for them and the complainant claims to have followed all of them to the spot. According to the complainant, accused persons assaulted Dattu with sickle and they assaulted him and his son Raghunath with stick and sickle respectively and all injured were taken to the hospital. There he set law into motion. Dattu expired. After completion of investigation, PW.11 charge-sheeted all the four accused persons and on committal of the case, it was tried by the learned Additional Sessions Judge, who on appreciating the evidence held accused Nos. 1 to 3 to be guilty of offence under Sec. 302, 323 and 324 r/w 34 of the IPC and acquitted accused No. 4 Rani from all charges. It is this order of conviction which is now questioned before this Court on various grounds raised in Appeal Memo.