BHAVDYA @ BHAUSAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are being decided by this common judgment since they are inter-connected. The challenge in both these appeals is to a judgment of conviction and order of consequential sentence dtd. 6/7/2017 passed by the Court of Additional Sessions Judge, Aurangabad ( 'trial Court ') in Sessions Case No. 31 of 2013. Vide the impugned judgment and order, all the appellants have been convicted for the offence punishable under Ss. 302 read with Sec. 34 of the Indian Penal Code ( 'I.P.C. '), and therefore, sentenced to suffer imprisonment for life and to pay fine of Rs.10,000.00 each with default stipulation. The appellants in Criminal Appeal No. 48 of 2024 have also been convicted for the offence punishable under Sec. 323 read with Sec. 34 of the I.P.C. and sentenced to suffer simple imprisonment for two months.

(2.) Initially only one appeal (48 of 2024) was preferred by all the four convicts. Lateron, Haribhau Annasaheb Late got his appeal separated (311 of 2024). His name, therefore, deleted from the cause title of appeal, 48 of 2024. Appellant No.2 - Bhavdya @ Bhausaheb Gorakh Pawar jumped the parole. Pending the appeal, Appellant No.4 - Narayan Sarjerao Dolas passed away. The appeal, therefore, stood abated against him. As such, both these appeals are being heard so far as regards Appellant No.3 - Badri Kashinath Shinde and appellant - Haribhau Annasaheb Late are concerned.

(3.) Case of the prosecution, in brief, is as follows :- P.W.1 - Nanasaheb, informant had purchased 3H 18R land in Gut No.54 situated at village Ranjangaon Khuri in the shivar of Kham-Jalgaon from appellant - Haribhau way back in 1993. Appellant - Haribhau wanted the purchaser (Nanasaheb) shall return his land back to him. He would, therefore, harass the informant. The informant, therefore, sold 1H 59R land to appellant - Haribhau. Still Haribhau was not satisfied. He continued to harass the informant for return of remaining land (1H 59R). Appellant - Haribhau would not allow the informant to cultivate the land. The informant, therefore, sold the land remained with him to P.W.21 - Ananda Nikam and then the same was purchased by P.W.22 - Ashok Chavan. Appellant - Haribhau even did not allow him to cultivate the land. He, therefore, executed a power of attorney in favour of Dr. Vitthal (deceased), granting him power to cultivate the land.