ABAJI Vs. HYDERABAD STATE

JUDGEMENT

(1.) NARAYAN, Balaji and five others were challaned for the murder of Kondaji under Section 243, Hyderabad Penal Code corresponding to Section 302 of the Indian Penal Code, and were committed to the Aurangabad Sessions Court which after a trial acquitted Bhikaji accused No. 6 and convicted the remaining six accused under Section 244, Hyderabad Penal Code, that is, culpable homicide not amounting to murder and awarded five years' rigorous imprisonment to accused No. 7, and ten years' rigorous imprisonment to the remaining accused under Section 244, Hyderabad Penal Code, and a further term of two ' years' rigorous imprisonment for causing grievous hurt to Limbaji; and six months' each for causing simple hurt to Dathu.

(2.) UNDER the Hyderabad Criminal Procedure Code, this sentence did not require confirmation by the High Court inasmuch as the sentences were to run concurrently and no sentence is above that of ten years rigorous imprisonment. So, we are not hearing this case as that of confirmation of the sentence; but as all the accused have filed separate appeals against the sentences, we are disposing of these appeals together.

(3.) IT was alleged in the challan that the deceased Kondaji and the accused are related to one another and there was a long standing feud between the parties. It is said that on 7. 6. 1358f. , when Kondaji went to the accused Dhanaji's house to give him an invitation in connection with a wedding, all the accused assaulted and belaboured him with lathies and a spear. As Kondaji ran to save his life the accused went in hot pursuit hitting him all the while. Near the Police Patel's house, the deceased fell down and as the deceased's brother Dathu and his father Limbaji came to intervene, they were also belaboured.