(1.) SUCH of the facts, as are necessary for the decision of this appeal, may briefly be stated thus: - -
(2.) DECEASED Katthu Sota Thakre was married to Indirabai and they were residing at Motha - Dhanpur, Taluka Taloda, District Nandurbar. Said Katthu had elder brother by name Bharat.
(3.) IT is alleged by the prosecution that deceased Katthu was holding certain agricultural land and was guarding Tur crop in the said field. On 29th January, 2010, at about 4.30 p.m., cattle belonging to accused Moja entered the field of deceased Katthu and started grazing. Katthu drove away the cattle out of the field and having noticed that the said cattle belonged to the accused, reached in front of the house of the accused and asked him to control his cattle.