- (1.)This appeal is directed against the judgment and order of conviction and sentence recorded by Ad-hoc Additional Sessions Judge, Palghar in Sessions Case No.121 of 2002, whereby the accused no.1-appellant herein, was convicted for the offence punishable under section 302 of I.P.Code and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/- in default to suffer further R.I. for two years. He was also convicted for the offence punishable under section 452 of I.P.Code and was sentenced to suffer R.I. for 5 years and to pay fine of Rs.1,000/- in default to suffer R.I. for one year. Both substantive sentences were ordered to run concurrent. The accused no.2 who was tried for the same offence, with the aid of section 109 of I.P.Code was acquitted.
(2.)Briefly stated, the prosecution case is :
The complainant-Ramu Ganpat Narle has two brothers namely, Damu (original accused no.2) and Ladka-the deceased. Their place of residence is village Narlipada, Palghar, District Thane. They work as labourers. They stay in the same locality. The deceased had applied for Government assistance to purchase bullock cart. Same was sanctioned. However, Damu completed formalities, like paying part of the amount and received delivery of the bullock cart. At that time, Ladka had gone to brick kiln to work as labourer. After about four months, the deceased Ladka returned to his hamlet-Narlipada. The deceased made necessary payments to Damu and obtained possession of the bullock cart. It happened that Damu was in need of the bullock cart for temporary period. Ladka refused to oblige him and because of this their relations became strained. The accused-1 is the brother in law of Damu. On 3/6/2002 the accused -1 and accused -2 had assaulted the deceased, his wife and daughter and therefore, deceased had lodged report in the police station, Boisar. On 4/6/2002, the Police Patil, Shirgaon received memo from the Police Station, Boisar that accused-1 and accused-2 be kept present in the police station on 5/6/2002.

(3.)Incident occurred on 4/6/2002. It was about 10 p.m. The deceased had come to the house of the complainant and they were sitting together. The wife of the complainant and his deaf and dumb son, Prakash were also there. At that time, the accused no.1 armed with sickle entered the house. He gave forcible blow of the said weapon on the neck of the deceased and caused serious injuries. The deceased fell down in a pool of blood. The complainant, his wife and son went to one Gaurya Patil to inform about the incident. Thereafter, they came3 Jt.appeal114-04 to the police station, Boisar and lodged FIR. On that basis offence vide Crime no. I-60/2002, under section 302 r/w 34 was registered, on 5/6/2002 at 5 a.m.