NANA GANGARAM DHORB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by original accused Nos. 1 and 2 who are convicted under Section 302 read with Section 34 of the Indian Penal Code.

(2.) ORIGINALLY five accused were prosecuted and the charges were under Section 148, Section 302 read with Section 149 and alternatively under Section 302 read with Section 34 of the Indian Penal Code was also framed against them.

(3.) THIS dispute took various shapes and forms. There was first an enquiry before the Revenue Officer for purposes of making entries in the record of rights as there was obstruction to the exclusive possession and user of Khandu. There were proceedings under Section 447, Indian Penal Code. 'Chapter Proceedings also took place. However, it appears that there was no incident of assault by and between the parties. In 1961 accused No. 1 Nana filed a civil suit for injunction against Khandu, and perhaps his brothers, for restraining them from obstructing accused No. 1 's possession and user of both the lands. Though accused No. 1 has denied it, evidence clearly showed that the said suit succeeded only in respect of survey No. 1369/2, i.e., the cultivable land, but no injunction was granted in respect of the pasture land.