IRAPPA GHATGYAPPA MAGDUM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 21st January 2003 passed by the Addl.Sessions Judge, Gadhinglaj in Sessions trial No. 9 of 2002, the appellants named above have preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us.

(2.) With the assistance of the advocate appearing on behalf of the appellants and the Addl. Public Prosecutor, we have scrutinised the entire record and reappreciated the evidence, both oral and documentary on record.

(3.) The prosecution case as disclosed on reappreciation of evidence stated briefly is that the accused were closely related to the victim. Accused no.1 was the brother of the victim and accused no.2 was the nephew of the victim and son of accused no.1. There were family dispute existing between the parties though they are separately residing. There were disputes between the accused and the victim regarding use of electricity for running electric motor in the field without paying the electricity charges on prorata basis. This frequently resulted in quarrels. Ultimately on 16th March 2002 at village Khandal where both the accused and the victim were residing, the accused arrived at night time, assaulted the victim with scythe (koyta) and stick, which assault resulted in the death of the victim. FIR was lodged by other brother of the deceased Bharmappa who is examined as P.w.3. On the basis of the report, investigation was conducted, accused persons were arrested. The prosecution examined 13 witnesses to prove its case and the learned trial Judge on appreciation of the evidence on record, came to the conclusion that the accused were guilty of the offence with which they are charged and therefore consistent with the findings, he proceeded to sentence the imprisonment as aforesaid.