STATS OF MAHARASHTRA Vs. BANPAT DAGADU RAUT

JUDGEMENT

(1.) Eyeing aggrieved by the judgment and order of conviction passed by the Additional Sessions Judge, palghar in Sessions Case No. 22/97, sentencing accused nos. 1 and 9 to suffer imprisonment for life and awarding death sentence to accused Nos. 2 to 8, the appellants in criminal appeal No. 1069/03 have preferred that appeal.

(2.) Since the learned trial Judge imposed death sentence on accused nos. 2 to 8, he made reference to this court as contemplated by section 366 of the cr. P. C. 1973 for confirmation of the death sentence as required by that section which is registered as confirmation case No. 2 of 2003. Since both the matters arise out of Sessions trial No. 22/97, by consent of all concerned, we take up both for adjudication simultaneously by this order.

(3.) The prosecution story stated briefly is that there was enmity between the complainant group and the accused group, who are closely related to each other, due to possession over a piece of land. The fact, that there was such enmity, is not disputed by either of the party. The case of the prosecution is that the family land of Raut was partitioned years ago and share of each of the co-parceners was defined and given in possession of that co-parceners.