- (1.) The appellant, herein, was convicted by the 2 nd Ad-hoc Additional Sessions Judge for the offence punishable under Section 302 of Indian Penal Code (for short 'IPC') for murder of one Jagannath Rambhau Shirsath and for the offence punishable under Section 326 IPC for causing grievous hurt to Muktabai, wife of deceased Jagannath.
(2.) Aggrieved by the order of conviction and sentence, the appellant preferred Criminal Appeal No. 646/2004 and the State preferred Criminal Appeal No.828/2004 against acquittal of accused No.8 Babasaheb Maruti Shirsath before the High Court of Bombay Bench at Aurangabad. The High Court vide its judgment dated 24.11.2006 dismissed Criminal Appeal No. 646/2004 and confirmed the conviction and sentence passed by the trial court against the appellant. Criminal Appeal No. 828/2004 preferred by the State against acquittal of accused No.8 was also dismissed by the High Court vide judgment dated 24.11.2006. Aggrieved by the judgment in Criminal Appeal No. 646/2004, this appeal has been preferred by the first accused, Arjun.
(3.) The prosecution story, in a nutshell, is as follows: The deceased Jagannath and Muktabai (PW 8) parents of Rangnath (PW 1), his brothers Ashok Gahininath and Rajendra were all living together at Taklimanur, Taluka Pathardi, District Ahmednagar. There were some property disputes between the first accused (appellant) and the deceased - Jagannath for which the appellant had filed Civil Suit being RCS No. 291/2001 before Taluka Court for an order of injunction and possession and the court had ordered status quo. The appellant was in the army service and after retirement, about 5 to 6 years prior to the incident on 30.07.2002, he started a stationery shop at Taklimanur situated adjacent to the subject matter of the suit.;