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2004 Supreme(SC) 591

N.S.HEGDE, B.P.SINGH
Daulat Trimbak Shewales – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

Santosh Hegde, J.-The appellants herein were tried for offences punishable under Sections 302, 325 and 324 read with Section 34 IPC 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 IPC and sentenced them to undergo imprisonment for life. It convicted Appellant Nos. 2 and 4 also for an offence punishable under Section 324 read with 34 IPC 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 neigbhouring 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











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