JUDGMENT

S.B. SINHA, J. —

1.The deceased Uttam Sonwale is the brother-in-law of the appellant. His sister Sarjabai was married to the appellant. He was a resident of village Deulgaon, Taluka Loha in the District of Nanded. Vimalbai is the wife of the deceased. The deceased had taken some loan from the appellant at the time of the marriage of one of his sisters, Savita. Allegedly the appellant was demanding back a sum of Rs.50,000/- to Rs,60,000/-, from him although the principal amount was only Rs.5,000/-. Allegedly he did not allow the deceased to sell even a portion of the family land for the purpose of returning the amount of loan on the ground that his wife Sarjabai had a share therein. The deceased had also borrowed a sum of Rs.1,000/- from PW-6 , Nandu Bhalke.

2.On 18th December, 1995 PW-6 came to the agricultural land of the deceased, where he and his wife had been working and demanded back the said amount of Rs. 1,000/-. Appellant and another person Gautam (original accused No.2) also came there. The deceased was expecting payment of some amount of compensation from the State. They allegedly decided to leave for Nanded for collecting the said amount