JUDGMENT :

Vibha Kankanwadi, J.

1. Present appeal has been filed by the original accused challenging his conviction by learned Special Judge, under Atrocities Act (Additional Sessions Judge-7), Aurangabad on 08.09.2016 in Sessions Case No.114/2012, for the offence punishable under Section 302 of the Indian Penal Code, 1860 and under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, hereinafter referred to as “The Atrocities Act”).

2. The prosecution story, in short, is – PW 1 Vithabai Ashok Sonawane is the wife of one Ashok Sonawane, resident of Akhatwada, Tq. Khultabad, Dist. Aurangabad. They are belonging to Bhil Tribe. She lodged First Information Report on 02.12.2011 stating that her husband Ashok was the owner of 2½ acres of land in Akhatwada. Earlier the said land was given to one Thagnabai Ambadas Satdive for cultivation on contract basis. However, in the year 2011 they had not extended the contract. They started cultivating it themselves, but they were being obstructed by Thagnabai and her two sons Gorakh and Navnath. Vithabai and her brother-in-law was assaulted by them by saying that they have purchased the land