JUDGMENT :

SHRIKANT D. KULKARNI, J.

1. This appeal is directed against the judgment and order of conviction passed in Sessions Case No.20 of 2011 by the Additional Sessions Judge at Biloli dated 24.05.2013 whereby the appellant/original accused no.1 has been convicted of the offence punishable under Section 302 of the Indian Penal Code.

2. The prosecution case in narrow compass is as under:

2(i) Shankar Venkat Papulwad (since deceased) and accused Tulshiram Balaji Papulwad are relatives and resident of Patoda, Tq. Naigaon. They reside in the same area of village Patoda. The incident took place on 15.12.2010 about 1.00 p.m. near the house of deceased. Deceased Shankar, Sambhaji Palulwad, Sanbhaji Papulwad (uncle of the first informant) and some villagers were weighing Soyabean and putting them into gunny bags. Balaji Papulwad who is son of the deceased (first informant) was also present there.

2(ii) According to the prosecution story, the accused had contested the Grampanchayat election of Patoda on 2-3 occasions, but he was defeated. In September 2010, one Kalawatibai a member from the party of the deceased had contested the Grampanchayat election and she was elected unopposed. For the