T.V.NALAWADE,J. - (1.) The appeal is filed against judgment and order of Sessions Case No. 19/2001 (Old No. 185/1997), which was pending in the Court of Additional Sessions Judge, Udgir. The respondents are acquitted of the offences punishable under sections 302, 201, 34 etc. of Indian Penal Code (' IPC ' for short). Both the sides are heard.
(2.) In short, the facts leading to the institution of the present proceeding can be stated as follows :- Deceased Ganpat Hulappa Badgane was the father of accused Nos. 1 to 3. Accused No. 5 is real brother of the deceased and accused No. 4 is the father of accused No. 6.
(3.) The incident in question took place on 16.6.1997 at 7.30 a.m. in the field of deceased bearing Survey No. 713 of Dhadaknal. The deceased was not listening to his sons and he was not allowing his sons to cultivate the land and he was not effecting partition of the property. At the time of incident, all the accused went to the field. The deceased was doing some agricultural operation and he was having axe. Same axe was used by the accused and by using that axe, Gunderao gave blows on the person of Ganpat. Others took part in the incident by holding the deceased when the assault was being made and the widow of the deceased was instigating others to finish him. The dead body of Ganpat was taken to village Ravi and there, it was burnt by the accused persons. Nobody gave report in respect of this incident. One anonymous application was received in which the aforesaid incident was disclosed. Police of Udgir Rural Police Station made investigation of the matter and then the persons of that village disclosed the aforesaid incident.;