JUDGEMENT
T. V. Nalawade, J. -
(1.)The appeal is filed against judgment and order of Sessions Case No. 126/2014 which was pending in the Court of learned Additional Sessions Judge, Bhoom, District Osmanabad. The appellant is convicted for the offence punishable under section 302 of Indian Penal Code (hereinafter referred to as 'IPC' for short) and he is sentenced to suffer imprisonment of life and to pay fine. Heard both the sides.
(2.)The facts leading to the institution of the appeal can be stated as follows :-
Deceased Kashinath Gaikwad was the father of first informant Satish (PW 1) and husband of Ashrubai (PW 2). They were living in village Samarkundi and they had three acres of land in land Gat No. 117 situated at Samarkundi Shivar. Bharat Gaikwad (accused No. 2) is from Bhavki of this family and he was owner of three acres portion from the said Gat number. This portion was sold by Bharat to Chand Tamboli (accused No. 3) of the same village. Accused No. 4 Papa is brother of accused No. 3. Accused No. 1 Umesh, who is convicted by the Trial Court is son of Bharat. Bharat died during the pendency of case in Sessions Court.
(3.)The incident in question took place on 25.12.201 On that day the first incident of quarrel took place at 12.00 noon in aforesaid filed. The deceased, first informant and the wife of deceased were all present in their portion of the land and at that time, all the accused came there with J.C.B. machine. When accused started creating Bandh between the portion of land of complainant's family and portion of land purchased by Chand, the deceased went ahead and requested the accused not to create Bandh unless respective portions were got measured. Due to that, accused became angry. They stopped the work and left the filed after giving threat to teach them lesson.
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