JUDGMENT - VISHNU SAHAI, J.:---The appellant aggrieved by the order dated 9-11-1987, passed by the IIIrd Additional Session Judge, Solapur in Sessions Case No. 289 of 1986, convicting and sentencing him to undergo five R.I. and a fine of Rs. 2,000/- and 6 month R.I. in default, under section 304 Part II I.P.C., has come up in appeal before me. Along with the appellant, six other persons namely (1) Bhanudas Sopan Kumbhar (2) Vishwanath Sopan Kumbhar (3) Machindra Narhari Kumbhar (4) Prakhakar Vishwanath Kumbhar (5) Uttam Duryodhan Kumbhar and (6) Vasant Machindra Kumbhar were tried but, they have been acquitted by the aforesaid order.

2. The prosecution case in brief is as under :

The informant Batu alias Krishna Laxman Kumbhar P.W. 4 was the brother-in-law of the deceased Murlidhar Kumbhar. The latter was the brother of hte wife of the informant and used to reside with the informant. In the land of the deceased, there was a well situate at a distance of about 200 feet from the informants house. That well was jointly shared by the deceased, co-accused Bhanudas (father of the appellant) and some others.

On 8-5-1986, at about 4.00 p.m. when the deceased Murlidhar and his servant Navn

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