SHRIRAM LAXMAN BANGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against the judgment and order of Sessions Case No.112/2013 which was pending in the court of the learned Additional Sessions Judge, Beed. The trial court has convicted the appellants for offence punishable under section 302 read with 34 of the Indian Penal Code and sentence of imprisonment of life is given. The appellant Nos.1 to 3 are convicted for offence punishable under section 326 read with 34 of the Indian Penal Code also and for that offence, sentence of rigorous imprisonment of five years is given. Fine is also imposed. Accused No.4 who was tried along with these three accused is acquitted by the trial court. Accused Nos.5 to 8 of the case were absconding so the case of only the accused who faced trial was separated. Both the sides are heard.

(2.) In short, the facts leading to the institution of the appeal can be stated as follows :--

(3.) The incident in question took place on 4-4-2013 in village Nipani Jawalka, Tahsil Georai, District Beed. On that date up to 5.00 p.m. deceased Mahadeo, brother of the first informant by name Dilip, Vinod, who is brother of Mahadeo and Dilip and a friend of the deceased by name Appa Bangar and also Barku Bangar (present accused No.2) were playing card-game in the house of Sarjerao, cousin of the first informant Dilip. They were putting money on the game. In the game, Barku lost money and then there was a quarrel. Deceased Mahadeo tried to intervene in the incident and advised Appa Bangar and others to stop playing the game. Due to this advice, Barku became angry with Mahadeo. He asked Mahadeo to leave the place and then there was quarrel between Barku and Mahadeo. Somehow the quarrel was settled at that place and the persons who had gathered returned to their respective houses.