2026:BHC-AUG:92-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 674 OF 2002

1. Angad s/o Vithal Kohale, Age 48 years, Occu. Agriculturist, R/o Haregaon, Taluka ausa, District Latur.

2. Pandit s/o Vasant Kohale, Age 39 years, Occu and R/o as above

3. Sugriv s/o Vithal Kohale, Age 44 years, Occu and R/o as above

4. Vasant s/o Vithal Kohale, Age 69 years, Occu and R/o as above

5. Ganesh s/o Shankar Mudabe, … The appeal stands abated against appellant Nos. 4 and 5, as per the Age 34 years, order of the Hon’ble Court dated Occu and R/o as above

22.11.2017.

6. Mohan s/oLimbaji Kohale, Age 39 years, Occu and R/o as above

7. Netaji s/o Vasant Kohale, Age 31 years, Occu and R/o as above

8. Prabhakar s/o Vinayak Kohale Age 31 years, … Appellants. Occu and R/o as above (Ori. Accused Nos. 1 to 7 and 15)

VERSUS

1. The State of Maharashtra … Respondent.

(Ori. Complainant)

…

• Mr. V. D. Sapkal, Senior Advocate a/w. Mr. Amit Gadekar, Advocate i/by. Mr. S. R. Sapkal, Advocate for the Appellants.

• Mr. N. S. Tekale, APP for Respondent - State …

CORAM : SANDIPKUMAR C. MORE, J AND MEHROZ K. PATHAN, J.

RESERVED ON : 07.10.2025 PRONOUNCED ON : 06.01.2026 JUDGMENT : [PER MEHROZ K. PATHAN, J.]

1. The appellants (original accused Nos. 1 to 7 and 15), who were convicted by the learned Additional Sessions Judge, Latur, in Sessions Trial No. 35 of 1999, vide judgment and order dated

31.10.2002, have preferred the present appeal challenging:

a) their conviction under Section 302 read with Section 149 of the Indian Penal Code and the sentence of imprisonment for life along with a fine of ₹1,000/-, each;

b) their conviction under Sections 147 and 148 of the Indian Penal Code and the sentence of rigorous imprisonment for three months each;

c) the conviction of original accused Nos. 2, 3, 8 and 15 under Section 341 read with Section 34 of the Indian Penal Code and the sentence of rigorous imprisonment for 15 days; and d) the conviction of original accused Nos. 2, 4, 6, 7 and 15 under Section 324 read with Section 149 of the Indian Penal Code and the sentence of rigorous imprisonment for six months.

2. The prosecution case, in brief, is that PW-3 Arvind Kohale, other injured witnesses, and the accused are residents of village Haregaon, Taluka Ausa, District Latur. On 12.12.1998, PW-3 Arvind Kohale lodged a report at Police Station Killari stating that his cousin, PW-2 Pratap Kohale, had gone with a tractor and trolley to load soil from heaps lying in the field of Vishnu Bapurao Kohale. Pratap Kohale returned and informed that accused Sugriv Pandit Kohale and Angad Kohale restrained him from lifting the soil, claiming that the soil belonged to them.

3. It is alleged that at about 9.00 a.m., accused Angad Kohale, Pandit Kohale, Sugriv Kohale, Netaji Kohale, Vasant Kohale, Vithal Kohale, Prabhakar Kohale, Ganesh Mudabe, and Mohan Kohale gathered near the tractor and trolley, armed with sticks, axes, daggers, and sugarcane cutters. When Govind Kohale questioned them about the restraint caused to Pratap Kohale, accused Angad Kohale assaulted Govind with a dagger and accused Pandit Kohale assaulted him with an axe. When PW-3 Arvind Kohale intervened, he and Govind were allegedly assaulted by accused Pandit Kohale, Angad Kohale, Netaji Kohale, Sugriv Kohale, and Ganesh Mudabe with axes, daggers, and sugarcane cutters. Accused Vasant Kohale, Mohan Kohale, and Prabhakar Kohale assaulted Vishnu and Karan with sticks and axes. After the incident, villagers gathered at the spot and intervened. Govind Kohale sustained multiple injuries and succumbed while being taken to Rural Hospital, Killari.

4. On the basis of these allegations, Crime No. 147 of 1998 came to be registered at Police Station Killari for the offences punishable under Sections 147, 148, 302, 324, 323, and 341 read with Section

149 of the Indian Penal Code.

5. Thus, First Information Report No. 147 of 1998 came to be registered at Killari Police Station, District - Latur. After completion of inves