PRAKASH DATTARAM KOLGE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2021-4-148
HIGH COURT OF BOMBAY
Decided on April 09,2021

Prakash Dattaram Kolge Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Referred Judgements :-

JOSEPH VS. STATE OF KERALA [REFERRED TO]
SHRIPATI KASHINATH AMBEDE VS. STATE OF MAHARASHTRA [REFERRED TO]


JUDGEMENT

- (1.)The two appellants have fled the present appeal, being aggrieved by their conviction for the offence punishable under Sec. 325 read with Sec. 34 of the Indian Penal Code (for short, "the IPC") and on being sentenced to suffer R.I. for a period of two years and assail their conviction under Ss. 504, 506 read with Sec. 34 of the IPC.
(2.)I have heard learned counsel Mr.Bhatkar for the appellants and learned APP Mr.Dabake for the State.
(3.)The present appellants are the original accused Nos.1 and 2 in Sessions Case No.8 of 1994, tried by the Additional Sessions Judge, Ratnagiri, for the offences punishable under Ss. 307, 504 and 506 read with Sec. 34 of the IPC. The prosecution case can be briefy narrated as under :-
The complainant-Nandkumar and the three accused are the residents of village Nevare, Taluka and District Ratnagiri. It is the case of the prosecution that some 15 years back, the grand-father of the complainant had given a portion of a land to the grand-father of the accused for the purpose of constructing a house. The said house was occupied by the father of the accused and the accused persons. The landed property on which the house was built continued in possession of the complainant. The case of the prosecution is that father of the accused persons demanded some portion of land from the father of the complainant and on refusal to oblige, as there was a mango plantation standing on the said land, the dispute arose between the two families. It is the complainant's version that on account of this discord, there were attempts to assault and abuse by the accused persons, in short, the relationship between the two families ceased to be cordial.



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