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2020 Supreme(Bom) 938

VINAY JOSHI
Ajit @ Bhaiyyasaheb Ganpatrao Jadhao – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Abdul Subhan, Advocate, M.H. Deshmukh, Advocate

JUDGMENT

Vinay Joshi, J. - The present appeal has been filed by the convicted accused against the judgment of Sessions Court in Sessions Case No.51/2018 dated 16.11.2019, whereby the appellant/accused was convicted for the offence punishable under Section 307 of the Indian Penal Code, and was sentenced to suffer rigorous imprisonment for a period of 5 years and to pay fine of Rs.30,000/- with default clause.

2. The incident giving rise to the present appeal took place around 9.30 a.m., on 12.05.2018 near village temple. The informant Pradeep is the younger brother of the appellant/accused Ajit. There happen to be a land dispute in between two real brothers since long. On the date of incident, the informant went to his cattle shed and found that it was locked by somebody. The informant called the Village Sarpanch and some other persons. In their presence, the Village Panchas broke open the lock and handed over possession of the cattle shed to the informant. Thereafter around 9.30 a.m., the informant Pradeep went to the village temple of God Rama, and seated there. At that time, the appellant / accused Ajit arrived and started to beat the informant by fist blows and slaps. In the said

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