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2022 Supreme(Bom) 1717

A. S. GADKARI, MILIND N. JADHAV
Mahadeo @ Jijya Nathu Thorve R/o. Charholi Khurd – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ganesh Bhujbal Appointed Adv.
For the Respondent: Mr. S. S. Hulke APP.

JUDGMENT :

A. S. Gadkari, J.

1. Appellant (Org.A-1) has impugned Judgment and Order dated 3rd September, 2015 passed by the learned Additional Sessions Judge, Khed-Rajgurunagar, District Pune, in Sessions Case No.337 of 2014, convicting Appellant under Sections 302, 143, 147, 148 of the Indian Penal Code (for short “the I.P.C.”) and is sentenced to suffer rigorous imprisonment for life under Section 302 of the I.P.C. and for other prescribed sentence on other counts and to pay a total fine of Rs.6,500/-.

2. Heard Mr. Bhujbal, learned Advocate appointed by the High Court Legal Services Committee, Mumbai to represent Appellant and Mr. Hulke, learned APP for State. Perused entire record.

3. Shorn of unnecessary details, the prosecution case in brief is that :-

    (i) The name of the deceased is Shankar S. Bhosale. The date and time of the alleged incident was 24th February, 2014 at about 6.00 p.m..

Appellant and his family members (Org.A-2 to 6) were having dispute on account of open space of land situated at village Charohli Khurd, Taluka Khed, District Pune with the deceased Nathu Jijaba Thorave and his family members. Appellant and deceased were neighbours. That, due to the said dispute in

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