The main legal point established in the judgment is the application of legal provisions related to culpable homicide and murder, considering the specific circumstances and intent of the accused.

JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. By this appeal, the appellants (the accused persons) challenge judgment and order of conviction and sentence passed by learned Additional Sessions Judge, Buldana in Sessions Case No. 65/2017 whereby learned Judge of the trial court convicted the accused persons, as follows:

Accused No. 1 Gulab and accused No. 2 Sunil are convicted for offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to suffer imprisonment for life and to pay fine Rs.3000/- and in default of payment of the fine amount to suffer simple imprisonment for three months.

Accused No. 4 Kamal is convicted for offence punishable under Section 324 read with Section 34 of the Indian Penal Code and sentenced her to suffer rigorous imprisonment for one year and to pay fine Rs.3000/- and in default of payment of the fine amount to suffer simple imprisonment for three months.

Accused No. 5 Durgabai is convicted for offence punishable under Section 324 read with Section 34 of the Indian Penal Code and sentenced her to pay fine Rs.3000/- and in default of payment of the fine amount to suffer simple imprisonment for three months.

Accused No. 3 Amol is convicted for offence punishable under Section 324 read with Section 34 of the Indian Penal Code and released on executing good behaviour bond.

2. Facts of the case in a nutshell are as under:

First informant Parvati Kantilal Dongare, lodged a report on 24.6.2017 on allegations that on 24.6.2017 at about 11:30 when she was working along with her husband Kantilal (the deceased) and son Nikhil in her agricultural field, her brother-in-law Gulab, accused No. 1, came in the agricultural field along with accused Nos.2 to 5 and restrained them from cultivating the land. They have started dispute with them on the count that the agricultural land belongs to them. At the relevant time, the adjacent land owners intervened in the quarrel. However, accused No. 1 Gulab asked the adjacent land owners to leave the place by saying they should not intervene and, therefore, they left the place. At the relevant time, when the deceased told the accused persons that the land is already partitioned, accused No. 2 Sunil gave a blow of an axe on the head of the deceased above the ear and accused No. 1 Gulab also gave a blow of an axe on the head of the deceased. Due to the said blows, the deceased fell on the ground. Accused No. 3 Amol, accused No. 4 Kamal, and accused No. 5 Durgabai assaulted her and son Nikhil with sticks. As they were scared, they came on the road and informed the police. The accused persons fled away from the spot. The police removed the deceased in hospital, however he was declared dead.

3. On the basis of the report lodged by informant Parvati, an offence was registered against the accused persons. After registration of the crime, the investigating officer visited the alleged spot of the incident and drawn spot panchanama. All the accused persons were arrested. The inquest panchanama was also drawn. During spot panchanama, one axe having blood stains and three sticks thrown at the spot itself were seized. The investigating officer also collected the blood stains from the spot of the incident. The clothes of the deceased and the clothes of the accused persons were also seized during the investigation. Accused No. 1 Gulab made a memorandum statement in presence of panchas and at his instance the axe was recovered. All the incriminating articles are forwarded to the Chemical Analyzer along with letter. After completion of the investigation, the chargesheet was submitted against the accused persons.

4. Learned Judge of the trial court framed charge vide Exhibit-24 after the case was committed to the court of sessions. The accused persons pleaded not guilty and claimed to be tried. To substantiate the charge, the prosecution has examined in all 9 witnesses, as follows:

PW1 Parvati Kantilal Dongare, vide Exhibit-39, the informant and the eyewitness.

PW2 Bhushan