- (1.) The appellants herein were tried for offences punishable under Sections 302, 325 and 324 read with Section 34, I.P.C. for having committed the murder of one Keshav and having caused injury to his brother Baburao (PW-1). The trial Court found the appellants guilty of offence punishable under Section 302 read with 34, I.P.C. and sentenced them to undergo imprisonment for life. It convicted appellants Nos. 2 and 4 also for an offence punishable under Section 324 read with 34, I.P.C. for which three months simple imprisonment was awarded.
(2.) The appellants herein unsuccessfully challenged the said conviction and sentence before the High Court of Bombay, Nagpur Bench, Nagpur, consequently they are before us in this appeal.
(3.) Brief facts necessary for the disposal of this appeal are as follows: The appellants and the deceased and his family owned neighbouring lands in the Village Koyali, Tehsil Risod in Akola District of Maharashtra. There was some dispute in regard to the boundary between these two properties because of which the appellants had filed a civil suit and had obtained an injunction against the deceased and his family from sowing the disputed area of the land. But before the injunction could be obtained the deceased and his family had already sown Moong crop in the disputed area sometime in July of 1992. It is the case of the prosecution that Moong crop sown by the deceased and his family was ready for harvesting sometime in September, hence, anticipating the harvesting of the crop by the deceased and his family the appellants had sought for police help to prevent the same, but such help was not given by the police. Therefore, it is stated that on 4-9-1992 at about 10 a.m. when deceased and his brother were harvesting the crop, the appellants came to the field armed with deadly weapons and assaulted the deceased and his brothers, consequent to which deceased Keshav died and his brothers Baburao and Bahurao suffered injuries. A complaint in this regard was lodged by PW-1 in Shirpur Police Station and on the basis of the said complaint a case was registered against the appellants, as stated above. In the meanwhile the appellants herein also approached the same police station and lodged a complaint that they were assaulted by the party of the deceased. Said complaint was also accepted and a separate case was registered against the deceased and his brothers.;