THE STATE OF MAHARASHTRA Vs. RAMKISHAN AND ORS.

JUDGEMENT

(1.) This Criminal Appeal is filed by the Appellant State, challenging the Judgment and Order dated 22.12.1995 passed by the 2nd Additional Sessions Judge, Aurangabad in Sessions Case No.118/1993, thereby acquitting the accused for the offence punishable under Section 302 and 201 r/w.34 of I.P. Code.

(2.) Deceased Keshavrao Kuber was residing at Mauje Georai Kuber along with his son Laxman Kuber [PW-2], wife Annapurna Kuber [PW-8] and other family members. His elder son Kiran [PW-1] is a Roller Driver in Irrigation Department at Aurangabad. Deceased Keshavrao was an agriculturist by occupation and having his agricultural land at Georai Kuber, Taluka and District Aurangabad.

(3.) The accused are also resident of the same village. The accused nos. 2 and 3 are real brothers. Accused no. 3 Pandharinath is having his grocery shop. Accused no. 4 Janardhan Kuber was the Sarpanch, whereas accused no. 1 Ramkisan and accused no. 5 Tulsiram are also resident of the same village, having good relations with each other.