JUDGMENT :

Y.G. Khobragade, J.

1. The present appeal under section 374 of the Criminal Procedure Code is filed by the appellant/convict against the judgment and order dated 07.11.2015 passed by the learned Additional Sessions Judge, Jalgaon in Sessions Case No.256 of 2012, whereby the present appellant-accused is convicted for the offence punishable under sections 302 and 447 of the Indian Penal Code in Crime No. 284 of 2012 registered with Chalisgaon Police Station on 29.08.2012.

2. In nutshell, the prosecution story is that, the informant Manoj Sharad Sabale lodged a FIR with Chalisgaon Police Station on 28.08.2012 stating that, his father Sharad Avadaji Sabale, Pandurang Avadaji Sabale and Anandrao Avadaji Sabale are real brothers. During life time of their father Avadaji Balaji Sable, their ancestral fields situated at village Sindi and Karajgaon Shivars were partitioned between his father and uncles. Agricultural land situated at Karajgaon Shivar was given to Padurang in the said partition. His grandfather Shri Avadaji died on 26.06.1996, but since then his uncle Pandurang has started claiming share in agricultural field Gat No. 126 situated at Sindi Shivar. There were frequent quarrels between them on the point. Informant's father - deceased Sharad Sable had gone to his field Gat No. 126 situated at Sindi on his bullock-cart, at about 11.30 a.m., on 29.08.2012. His sister Sadhana informed him that the accused persons have assaulted their father with sticks, iron rod in the field and his father has been brought in bullock-cart by his cousin Prakash Kashinath Sanap. At that time his father was not in position to talk and there were injuries on the person of his father, hence, he took his injured father to Deore Hospital, Chalisgaon. After reaching the hospital, his father was declared dead. Matter was informed to police and informant lodged First Information Report. After conducting inquest panchanama Exh.49, the body of his father was sent for autopsy to Sub District Hospital, Chalisgaon. On the basis FIR, Crime No.286 of 2012 was registered against the accused persons for the offences punishable under section 302, 447 read with section 34 of the Indian Penal Code with Chalisgaon Police Station.

3. The investigating officer recorded supplementary statement of the informant Manoj Sabale, wherein he disclosed that on the day of incident, accused Pandurang Sable was riding bullock-cart on which his father was brought in sleeping condition and the accused Pandurang asked Prakash Sanap to take deceased Sharad in bullock-cart to his house. At that time, accused Sudam was following bullock-cart on his motorcycle. According to the informant, he came to know from Prakash Sanap (PW-5) that his father Sharad had disclosed to Prakash Sanap that the accused persons had assaulted him.

4. PW-11 PSI Shri K.S. Khambat, the investigating officer, had arrested accused No. 1 Pandurang Avadaji Sable, accused No. 2 Sudam Pandurang Sabale and accused No. 3 Sumanbai Pandurang Sable under separate arrest memos and recorded the statements of witnesses. Investigating officer visited the spot of incident i.e. field Gat no. 126 at Karajgaon Shivar and drawn the spot panchanama Exh.57 on 30.08.2012. He had seized motorcycle of accused under panchanama Exh.110. On the basis of memorandum statement of accused No.2 Sudam, two sticks were recovered under seizure panchanama Exh. 93 and Exh.94, so also, iron rod seized under seizure panchanama Exh. 96 at the instance of accused No.4 Punjaram Pandurang Sable. During the course of investigation, the investigating officer had collected postmortem report of deceased (Exh. 68) and certified copies of judgments in previous criminal cases between the deceased and the accused persons as well as CDR regarding phone calls. He had sent the seized articles for chemicals analysis and obtained opinion of medical officer E