PARASRAM BALIRAM INGOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction, dated 15.3.2007, passed by learned Adhoc Additional Sessions Judge-2, Parbhani in Sessions Trial No. 32/2006. The appellant was held guilty under Section 302 of the Indian Penal Code and was sentenced to imprisonment for life and to pay fine of Rs. 1000/-, in default to suffer S.I. for three months for committing murder of one Ramesh Sakharam Dube, resident of village Sadegaon.

(2.) The appellant, who is original accused No. 1, alone was convicted though jointly tried with his wife named Phulabai (original accused No. 3) and another accused named Sakharam Ghodke (accused No. 2) under Section 302 read with Section 34 of the Indian Penal Code. Since accused Phulabai and Sakharam Ghodke were acquitted by the learned trial Court, appellant Parasram alone preferred this appeal. He was found guilty for stabbing death of Ramesh Dube, aged about 27 years, on 20.12.2005 in a scuffle which took place at about 11.30 a.m., near Shiv Mandir and Government Dispensary along the road side, in village Sadegaon, Taluka Parbhani.

(3.) Victim Ramesh Dube (the deceased) was jointly residing with his elder brother Dnyaneshwar (P.W.2), his wife Minakshi (P.W.4) and brother Gangadhar at village Sadegaon. They are agriculturists and were also cultivating a piece of land of Laxman on 'batai' terms (crop-sharing agreement) in addition to their own land. At the relevant time, complainant Dnyaneshwar's crop of gram was standing in the field of Laxman.