JUDGEMENT :- This is an appeal by an accused who has been convicted by the learned Sessions Judge, Satara of an offence under Section 326 of the Indian Penal Code and sentenced to two years' rigorous imprisonment and a fine of Rs. 500/-.

2. The facts of the prosecution case are that, at the material time viz. on the 17th of December 1968, one Balvant Shingate who was an agriculturist by profession was working as the Talathi of a village named Sartale about 6 or 7 miles away from another village named Marde in Satara District. The said Balvant was a close friend of one Sitaram Shingate, the brother of the accused, and the accused as well as his brother Sitaram had their lands in the village of Marde. It appears that Balvant had a brother named Waman with whom he had certain property disputes, and the said Waman was a friend of the accused. This is the background of the relations between the parties. On the morning of the 17th of December 1968 Sitaram had gone to Balvant's house as Balvant needed Sitaram's cart for the removal of groundnut creepers from one part of his field to another part of the same field, and Balvant and Sitaram therefore started to go, Sitaram's house. On the way

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