JUDGMENT :

(Shrikant D. Kulkarni, J.) :

1. This appeal is preferred by the appellant/original accused no.5 feeling aggrieved by the impugned judgment and order of conviction passed by the Additional Sessions Judge at Majalgaon in Sessions Case No.34 of 2013, whereby the appellant/original accused no.5 alone came to be convicted for the offence punishable under Section 302 of the Indian Penal Code (for short, “IPC”) and sentenced to undergo imprisonment for life and fine of Rs.2,000/- with default clause. The State seems to have not preferred the appeal against the order of acquittal in respect of accused nos.1 to 4 and 6 passed by Additional Sessions Judge at Majalgaon, whereby all of them came to be acquitted from all the charges including Section 302 read with Section 149 of IPC.

2. The facts of the prosecution case in narrow compass are as under :

a. Mr. Mohan Shrimantrao Sawase (first informant) is resident of village Laxmipur, Taluka Wadwani, Distrcit Beed. Shrimant Sheshrao Sawase (since deceased) was the father of the first informant. At the time of the incident, they were residing jointly.

b. According to the prosecution, father of the first informant and his two uncles had purchased 60 acres of land at village Laxmipur. The oral partition of the said landed property took place between his father and uncles, but there was no written partition deed. Due to which, his uncles and cousins namely Asaram/accused no.1, Gangadhar/accused no.2, Dhondiram/accused no.3 and Dnyanoba/accused no.4 were picking up quarrels with his father. They were also threatening his father. The father of the first informant had purchased 4 acres 20 gunthas of land at village Kesapuri/Parbhani. His father sold the said land in the month of February 2013. After that transaction, uncles and cousins of the first informant raised a dispute with his father for not giving their share in the property sold out. There was one civil suit for partition and separate possession pending for adjudication. Accused no.3/Dhondiram had filed one complaint against the father of the first informant at Pimpalner Police Station in the year 2008. On that basis criminal case came to be filed in Beed Court. The said case was fixed on 14.03.2013. The first informant and his father had attended the said Court proceedings at Beed. The accused had asked the father of the first informant whether he is ready for the partition of lands, otherwise they would see him.

c. On 15.03.2013 in the morning about 8.00 a.m. the father of the first informant Shrimant had gone to his field locally named as ” for grazing she-goats. The first informant and his elder brother Chandrakant were in the house and another brother Madan had gone to his job. On that day about 9.30 a.m., the she-goats returned to the house of the first informant, but his father did not return to the house. Due to which, the first informant called his father on his cell phone, but it was not picked up. The first informant rushed to his field and found that his father was lying on the bandh of his field and sustained serious head injuries. There were bleeding injuries to the head of his father caused by an axe. His father was not giving any response. The first informant conveyed this scenario to his brothers and relatives on cell phone and asked them to rush to the spot. Police also rushed to the spot. The father of the first informant was taken to the hospital at Chinchwan, where the doctor after the examination, declared that the father of the first informant is dead.

d. The first informant rushed to the Police Station Wadwani and lodged a report about the incident. On that basis crime no.29 of 2013 came to be registered for the offence punishable under Sections 302, 147, 148, 149 of IPC at Wadwani Police Station and investigation was handed over to API Wadwani.

e. The Investigating Officer prepared the panchanama of the scene of offence and also seized blood mixed with soil from the spot and also seized one cap stained wi