CHANDRAKANT KESHAV MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this Appeal is to the Judgment and Order of conviction passed by the Additional Sessions Judge, Satara in Sessions Case No. 38 of 1993 by which the Appellants came to be convicted of an offence punishable under Section 302 read with Section 34 of I.P.C., sentencing them to undergo imprisonment for life, inter alia, fine of Rs.2,500/-, in default to suffer simple imprisonment for one year each.

(2.) Facts germane for decision of this Appeal can be summarized as follows:

(3.) The Appellants are real brothers. The deceased Shahaji Shankar Mohite (for short "the deceased") and the Appellants are residents of village Talbid, Taluka Karad, District Satara. The deceased was residing with his wife P.W. 1 Ranjana and children. P.W.3 Sambhaji Mohite is the first informant and elder brother of the deceased. He was residing with his wife Suman and children separately. The deceased was in habit of collecting dry leaves of sugarcane crop from the fields of other villagers. The Appellants were annoyed with such conduct of the deceased.