( 1 ) HEARD advocate for the accused and learned APP for the State. This appeal is filed by original accused No. 4 only challenging his conviction under Section 302 of the Indian Penal code. There were three more accused i. e. Accused Nos. 1, 2 and 3. But they were acquitted of the offence under Section 302.

( 2 ) THE prosecution case was [the prosecution stated here is with reference to all the four accused] that accused No. 3 was the wife of accused No. 1 and Accused No. 2 is the wife of accused No. 4 i. e. the present accused. Victim was deceased Mahibub Mujawar. P. W. 3 Gulab was the son and P. W. 6 Smt. Bismilla was the wife of deceased Mahibub. They were residing in the village Gasavi Vasti, Khamgaon, Taluka Phaltan district Satara. They had their agricultural land adjacent to each other. On 23. 8. 2002 deceased Mahibub spread Uria in his field and gave well water to the crop. On 24. 8. 2002 deceased Mahibub found that his field was over flow due to water which was coming from the field of accused and it was causing damage to his crop. He, therefore, started electric motor on the well so that water can go to the field of accused no. 1. On the same day at about 8. 00 a. m. , a

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