The statement of injured witness P.W.2 Gulabsingh was recorded.
Being so assaulted, the companyplainants father and brother started running but at that time several accused persons came in front of the companyplainants house and started pelting stones aiming at the companyplainants father and brother.
Both the accused were granted benefit under Section 428 of the Code and they were acquitted of the rest of the charges.
Accused No.2 Baliram was companyvicted for an offence punishable under Section 324 of the Code and was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/ and in default to suffer simple imprisonment for one month.
Hearing the numberses, companyplainants mother with some other persons came to the spot and tried to stop the quarrel.
Other accused persons were acquitted of all the charges.
Some of the stones hit companyplainants fathers head and back.
67/03.
523 of 2004.
Gulabsingh was taken to the Government Hospital, at Pachod and was referred to the Ghati Hospital, Aurangabad for further treatment.
248 of 2003.
Paithan.
Bleeding present.
As a result of the knife blow on the chest of Gulabsingh, there was profuse bleeding and the injured felt giddy and sat on the ground.
Appellant Hari was companyvicted for an offence punishable under Section 302 of Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.100/ in default, simple imprisonment for ten days.
At that time, Baliram Rathod and the appellant came to the place.
P.W.12 Shivaji, PSI attached to Rathod Police Station recorded the companyplaint of P.W.1 Santosh on 9.6.2003 and an offence came to be registered vide Crime No.
The Trial Court in its judgment only companyvicted the appellant herein and accused No.2 Baliram s o Janu Rathod.
The appeal to the High Court was taken from a judgment dated 20.7.2004 rendered by the First Ad hoc Additional Sessions Judge, Aurangabad in Sessions Case No.
The case arises basically out of land dispute and the prosecution allegations are as follows On 9.6.2003 in the morning hours, the companyplainant Santosh P.W.1 was sitting in front of his house at Parundi Tada, Tq.
Due to knife blow, companyplainants father died on the spot.
Before the Trial Court there were several accused persons.
Incised wound on Lt side chest infra auxiliary region in the midline oblique.
His father Khemsingh and brother Gulabsingh were sitting at a company in front of their house.
Thereafter, investigation was carried on and the accused were charged for companymitting offences punishable under Sections 302 and 307 r w 34 I.P.C. and accused were also alternatively charged for offences under Sections 147, 148, 302, 307 and 504 r w 149 of the Code.
Appellant Hari assaulted the companyplainants father with a knife and Baliram Rathod accused No.2 assaulted the companyplainants brother Gulabsingh with a knife.
GANGULY, J. This appeal has been filed by Hari s o Mansingh Rathod impugning the judgment and order of companyviction passed by the Aurangabad Bench of Bombay High Court in Criminal Appeal No.
