RAMESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Judgment and order of conviction dtd. 30/9/2002 passed in Sessions Case No. 45 of 2000 for offence punishable under Sec. 304 Part II r/w 34 of the Indian Penal Code [IPC], is taken exception to by way of instant appeal. FACTS LEADING TO TRIAL ARE AS UNDER

(2.) Informant and accused are brothers. Their father, i.e. deceased Nana owned 22 acres of land, out of which 7 acres came to be acquired for dam purpose and remaining 15 acres was in possession of deceased. The said land was partitioned by father in favour of sons. Accused wanted share in the land which was towards east-west direction and on that background, they used to raise quarrel.

(3.) On 22/5/2000, all accused persons came in a tractor and started ploughing the land towards east-west direction. PW3 informant Suresh objected. At that time, accused Sambha hit him with bamboo on the backside, accused Ramesh hit him with a stick causing him fracture injury. Accused persons chased informant Suresh towards his house and on reaching there they pushed deceased Nana with stick. When informant Suresh and deceased Nana started proceeding towards police station for giving complaint, accused persons beat deceased Nana with stick. As a result of which, he became unconscious. PW3 approached police and took an ambulance to shift father to the hospital, but on reaching hospital, his father was examined and declared dead. Therefore, he lodged complaint Exhibit 27.