T.V.NALAWADE, J. - (1.) The appeal is filed against the judgment and order of Sessions Case No.49/1997 which was pending in the Court of the learned Additional Sessions Judge, Nanded. The appellant Chandansing is convicted for offence punishable under section 302 read with 34 of Indian Penal Code and sentence of imprisonment of life is given to him. Accused No.2-Jaswantsing, a brother of present appellant, is acquitted by the trial Court. Both the sides are heard.
(2.) In short, the facts leading to the institution of the appeal can be stated as follows :
(3.) The deceased Tarasing Pund was resident of village Anji, Tahsil Kinwat, District Nanded. The first informant Dharamsing Chahel (PW-1) was the Police Patil of this village at the relevant time. The deceased was Ex- Sarpanch of this village. There were two groups in politics of this village. One group was headed by the deceased Tarasing and the other group was headed by main accused Tejasing. In the elections to the village panchayat of year 1996 the group of the deceased was elected to power and Tejasing was defeated. Due to this politics there was enmity between two groups. After getting bail and after recording of some evidence the main accused Tejasing and one more accused Pratapsing who hail from Amrawati absconded and so the case of Chandansing and Jaswantsing, two brothers of Tejasing, was separated and it was tried.;