ARIF YUSUF SAB DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal challenging the conviction recorded by the learned Additional Sessions Judge, Ambajogai on 10th March 1993 in Sessions Case No. 106 of 1988 holding the appellants guilty of an offence punishable under sections 147, 148, 302 read with 149 of the Indian Penal Code and sentencing them to undergo imprisonment for life and to pay fine of Rs. 1,000/- each and in default, to suffer rigorous imprisonment for six months.

(2.) THE appellant No. 3 Faiz Mohammad Khan Mubarak Khan Pathan died during the pendency of this appeal.

(3.) ACCUSED Nos. 1 and 2 --Arif Yusuf Sab Deshmukh and Sadiq Yusuf Sab Deshmukh- are the real brothers inter-se. One Basheer Yusuf Sab Deshmukh was their step brother and their relations were strained. According to the prosecution version, Arif and Sadiq had a grievance that the ancestral property is not properly distributed and they are not given the due share by Basheer and since Basheer refused to give a sum of Rs. 15,000/-, he was assaulted by these brothers along with other accused, in which Basheer lost his life.