BHAU VALKU KOKAMBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 30th October, 1996 passed by the Additional Sessions Judge, Raigad at Alibag in Sessions Case No.167 of 1994 convicting appellant No.1 - accused No.1 for the offence under section 302 of I.P.C. and sentencing him to undergo R.I. for life and to pay a fine of Rs.500.00 and in default to suffer R.I. for two months. Whereas appellant No.2-accused No.2 came to be sentenced to suffer R.I. for two years and to pay fine of Rs.200.00 and in default to suffer R.I. for one month. Factual Matrix : The prosecution case is as follows:

(2.) THE complainant-Baban Pandurang Kolambe resides at village Chandai with his wife, brothers, their wives and children. One river known as 'Ulhas' flows by the side of the said village Chandai.

(3.) IT is a prosecution case that on 31st May, 1994 at about 10.00 a.m. complainant had gone to the house of Laxman Valku to enquire as to why the sand excavated by them was removed. The accused reacted sharply and retorted as to whether the sand belonged to his father. This resulted in hot exchange of words between them.