1. The applicant, who is the first informant, being dissatisfied with the Judgment and Order of acquittal dated 23/04/2002 passed by the learned Additional Sessions Judge, Hingoli in Session Trial No. 33/2001 for the offences punishable u/s 302 and 201 of the Indian Penal Code, is before this Court.

2. Heard Mr. V.M.Maney, the learned counsel for the applicant and Mr. V.P.Kadam, the learned A.P.P. for respondent No. 1 – State. Though the respondent No. 2 was served, his counsel remained absent at the time of hearing.

3. The prosecution case can be narrated as under:

The first informant Prabhakar [P.W.1] is son of deceased Madhavrao Thite. A agricultural field situated at village Golegaon, Taluka Aundha, district Hingoli is owned by accused Ashok/respondent No. 2. The prosecution case further states that the land of accused was taken for cultivation by deceased Madhav on crop sharing basis [batai] and at the relevant time, Wheat crop was standing in the field. The First Information Report [hereinafter referred as 'F.I.R.' for brevity] [Exh.23] further proceeds that 1 years prior to the incident, deceased Madhav gave hand loan of Rs. 5,000/- [Rupees Five Thousand only] to accuse