BALASAHEB SHIVGONDA KHOT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All the four accused, who have been convicted by the 2nd Ad hoc Additional Sessions Judge, Kolhapur under section 304 Part II of the Indian Penal Code and sentenced to suffer R. I. for three years and to pay fine and in default sentence, have challenged their conviction by criminal Appeal No. 703 of 2002. The State of Maharashtra has filed other appeal vide Criminal Appeal No. 1270 of 2002 for enhancement of sentence. We heard both the appeals jointly.

(2.) Original charge against all the accused was under section 302 of the indian Penal Code for committing murder of one Appaso Atmaram Jambhale. The background in which the accused came to be tried is as under :-

(3.) The accused and the deceased were the residents of Jangamwadi, Tal. Hatkangale, Dist. Kolhapur. There used to be a fair of Goddess Mahalaxmi every year in the month of May. This fair was an occasion to celebrate for the villagers in different manner. They used to hold different competitions like bullock-carts race, horse-carts race and cycling etc. They used to form a committee to see that different competitions are to be held properly and the function should go smoothly. In the year 2001, the fair commenced from 17th May, 2001. Different competitions were held during the day. In the night there was to be prize distribution ceremony followed by a program of hypnotism.