PRALHAD AKRUR CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants challenge the judgment passed by the II Additional Sessions Judge, Solapur in Sessions Case No.160 of 1982 in this appeal. By the impugned judgment the appellant Nos.1 to 3 (original accused Nos.1. 2 and 6) were convicted and sentenced under Section 302 read with Section 34 of I.P.C. for life. They were also convicted under Section 323 read with Section 34 and each sentenced to suffer R.I. for six months and under Section 324 r.w. Section 34 of I.P.C. sentenced to suffer R.I. for three months. Accused No. 7 (Appellant No.4) is convicted for the offence under S.304 Part II read with Sec. 34 and sentenced to suffer R.I. for seven years and also convicted and sentenced under Sec.323 and Sec.324 both read with Sec. 34 of I.P.C. and sentenced to suffer R.I. for six months for offence punishable under Sec.324 read with sec.34 of the I.P.C and R I. for three months for offence punishable under Sec.323 read with Sec.34 of I.P.C. The substantive sentences are directed to be run concurrently. However, it is reported that during the pendency of the appeal, appellant No. 4 (Original Accused No. 7) is reported to be dead and appeal abates against her.

(2.) THEREFORE , there are only appellant Nos.1, 2 and 3 (Original Accused Nos. 1, 2 and 6) are now before us. They were tried by the court below along with other accused. All of them pleaded not guilty. The case against them was as follows :

(3.) ON 29/11/1981 when Charnappa went to participate in a marriage ceremony of his relative his father Akrur had also been there. Charnappa asked his father to reside with him but father refused. This infuriated the feelings of Charnappa. Father had decided to stay with his brother Sahebrao who had cultivated sugar cane in the field of 'Ambyacha Mala' which belong to Charnappa also. The sugar cane was cultivated in that field 'Ambyacha Mala' and that the sugar cane was cut and was to be removed to the sugar factory. Charnappa went to the field and objected to the removal of sugar cane and asked Sahebrao to pay the land revenue before removing sugar cane from the field. To this Sahebrao agreed that he will make the payment after selling the sugarcane.