I. A. ANSARI, J.

By the judgment and order of conviction, dated 19.01.1993, passed, in Sessions Trial No. 51 of 1985/19 of 1990, by learned 2nd Additional Sessions Judge, Aurangabad, the appellant, Sanichar Rajwar, stands convicted under Sections 307 and 326 of the Indian Penal Code. In consequence of his conviction, under Section 307 of the Indian Penal Code, while the appellant stands, under the order, dated 20.01.1993, sentenced to suffer imprisonment for life, he stands sentenced to suffer, for his conviction, under Section 326 of the Indian Penal Code, rigorous imprisonment for five years and pay a fine of Rs.2,000/- and, in default thereof, undergo rigorous imprisonment for six months. The sentences have been directed to run concurrently.

2. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(i) Accused Sanichar Rajwar and Babulal Rajwar were co-villagers, both being residents of village Tilakpura. Apart from the fact that there was a dispute between Babu Lal Rajwar, on the one hand, and accused Sanichar Rajwar, on the other, Babu Lal Rajwar did not, ordinarily, participate in the activities of his co-villagers.

(ii)