(M.L. Tahaliyani, J.)

1. The appellant has been convicted of the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/-, in default to suffer rigorous imprisonment for four months, by the Ad hoc Additional Sessions Judge, Buldhana, by his judgment and order dated 20th August, 2007 in Sessions Case No.102/2005.

2. The appellant was tried along with five other accused i.e. accused Nos.1-Mahadu Haribhau Khade, 3-Ganesh Mahadu Khade, 4-Sau. Savita Bramhadev Aandhale, 5Sau. Rekha @ Renuka Ashok Musale and 6-Sau. Kesharbai Tukaram Mapari for the offences punishable under Sections 147, 148, 307 read with Section 149 and 302 read with Section 149 of the Indian Penal Code. The original accused Nos.1 and 3 to 6 have been acquitted of all the charges and the appellant has been convicted of the offence punishable under Section 302 of the Indian Penal Code simplicitor.

3. The prosecution case in brief is that the complainant Smt. Ashabai Ramesh Jaybhaye resident of Nimgaon Guru, District Buldhana had agricultural land at village Rohna. She was in possession of the said agricultural land. It appears that there was some dispute between the complainant and her family members on the one hand and the appellant Bharat and his family members on the other hand in respect of the said land. It is alleged that the appellant and the other accused did not want the complainant to reap crop from the said land exclusively for herself. At this stage, it may be mentioned here that this original accused No.1 Mahadu Khade is Uncle of the complainant (brother of her father deceased Dattu Khade).

4. The alleged incident had occurred on 15th March, 2005. The complainant, her husband Ramesh and her father Dattu Khade had gone to the said field for reaping Jwar crop. It is alleged that the appellant and accused Nos.1, 3 to 6 had come there and they took objection and insisted that the complainant and her husband Ramesh should not reap crop from the said field. It is alleged that they were armed with sticks and stones. As far as the appellant is concerned, he was allegedly armed with an axe. The female accused i.e. accused Nos.4 and 5 were having stones in their hands. It is the prosecution case that the appellant and other accused suddenly mounted an attack on the complainant, her husband Ramesh and father Dattu Khade. They started assaulting the complainant, her husband Ramesh and her father Dattu Khade by means of sticks and kick blows an axe was also used by the appellant and his associates during the course of said assault. It is also alleged that the appellant had inflicted axe blows on father of the complainant Dattu Khade (hereinafter referred to as “deceased Dattu”). The appellant had also inflicted axe blows on husband of the complainant namely Ramesh and the complainant. The complainant got an opportunity to run away from the spot and reached Police Outpost. Police recorded her statement at the Police Outpost. The husband and father of the complainant were brought to the hospital. The father of the complainant was declared dead. In the meantime, police had reached Government Hospital. Police Officer Mr. Abdul Razzak prepared inquest panchanama of the dead body in presence of two panchas. Thereafter the dead body was sent for post-mortem examination. The Medical Officer, who had examined the dead body, had opined that the deceased had died due to hemorrhagic with neurogenic shock due to head injury with multiple injuries. Spot of the incident was visited by the police. Certain weapons were seized from the spot. The accused were arrested during the course of investigation. It is the case of prosecution that some of the accused had made statements before the police, which led to recovery of the alleged weapons of assault. After completion of investigation, charge-sheet was filed in the Court of Magistrate.

5. When the case came up for hearing before the l