JUDGMENT :

(Abhay S. Waghwase, J.)

1. By invoking Section 374 of the Code of Criminal Procedure, appellants, who are the original accused Nos. 1 to 3 have taken exception to the Judgment and Order of conviction passed by the learned District Judge – 7 & Additional Sessions Judge, Nashik dated 08.06.2015 in Sessions Case No. 142 of 2013, thereby convicting them for the offences punishable under Sections 302 r/w 34, 323 r/w 34, 324 r/w 34 of the Indian Penal Code ( for short ‘IPC’ ) & sentencing them to life, 3 years, 1 year respectively.

FACTS GIVING RISE TO SESSIONS TRIAL ARE AS UNDER :-

2. The complainant, his sons and accused Nos. 1 to 4 are agriculturists and also relatives of each other. Their lands were adjoining to each other. Due to shortage of water, complainant fetched/drew water from Pazar Talav (Percolation Tank). Accused used to prevent the same. This resulted into bitter relations.

3. On 06.12.2012, one of the sons of the complainant namely Dattu and his wife went to fetch water. Another son Raghunath also went to look for them and the complainant claims to have followed all of them to the spot. According to the complainant, accused persons assaulted Dattu with sickle a