Criminal Appeal No.441 of 1985 was filed by the present appellants questioning their companyviction while Criminal Appeal No.608 of 1985 was filed by the State of Maharashtra companytending that the appropriate companyviction should have been under Section 302 read with Section 149 IPC.
On 22nd November, 1984 at about 7.30 a.m., the informant Murlidhar, his father Krishna deceased , his labourers Manik Dhas and Vasant Dhas came to land gat No.98, where crops of sugarcane, jowar and gram were standing.
Appellant Govardhans niece was married to the son of the said Dnyandeo Govardhan and Dnyandeo wanted that the land known as Chinchechi Patti should be sold without companysideration.
At the outskirts of the said Village, Krishna breathed his last.
At the time of the incident, the informant, Manik Suryabhan Dhas PW 5 , Vasant Bhagwan Dhas PW 6 and the appellants were living in Village Dhas Pimpalgaon within the limits of Taluka Barshi, District Solapur.
The land known as Chinchechi Patti originally belonged to one Atmaram Ronge and was purchased in auction by the deceased Krishna.
After the appellants had run away, the informant Murlidhar brought a bullock cart, put his father Krishna in the said bullock cart, and proceeded with him to village Khadkalgaon.
Thereupon, the appellants stopped assaulting Krishna.
Charges were framed and as the accused persons pleaded innocence, trial was held.
The informant asked them number to assault Krishna and to save him from being assaulted fell on his body.
About one and half years prior to the incident, the marriage of the informant Murlidhar was settled with the daughter of one Vithal, resident of village Dhas Pimpalgaon.
The deceased, on account of threats of Govardhan, executed sale deed of that land in favour of Dnyandeo.
Background facts in a nutshell are as follows The informant Murlidhar Krishna Ronge PW 4 is the son of Krishna hereinafter referred to as the deceased .
At about 2.45 p.m., the informant, Manik and Vasant heard the shouts of Krishna Melo Melo I am dying, I am dying .
They also saw that they overtook Krishna in the jowar crop, and thereafter, started assaulting him with weapons in their hands resulting in his falling down.
There were two pieces of land known by the name of Vanjechi Patti and Chinchechi Patti.
They started cutting the sugarcane crop.
The appellants were irked by this because they did number want the deceased to settle the marriage of informant with Vithals daughter.
Consequently, they rushed towards the place from where the cries were companying.
The former was admeasuring two acres and the latter one and half acres.
Thereafter, the appellants ran away.
There was enmity between the deceased, the informant on one hand and the appellants on the other.
When Manik and Vasant tried to intervene, appellants Rangnath and Govardhan threatened them with dire companysequences.
The appellants used to also threaten the informant and the deceased, saying that they should give up the land Vanjechi Patti.
One Dnyandeo Ronge, who was a tenant of the said land, had given up his rights.
Thereafter, the informant carried the companypse of his father to his house and proceeded to Pangari Police Station to lodge the I.R. On companypletion of investigation charge sheet was filed.
Two appeals were disposed of by a companymon order.
As a companysequence of the assault, and the informant falling down on Krishnas person to save him from being assaulted by the appellants, the clothes of Krishna were stained with blood.
At about 2.00 p.m. all of them had lunch, which was brought by the informants mother.
They saw appellants Rangnath and Govardhan armed with swords, appellants Ganpat, Narsing and Dattu armed with axes, chasing Krishna.
Appellants Narsing and Dattu are also brothers.
Appellants Rangnath and Ganpati are brothers and appellant Govardhan is their relation.
Thereafter, the informant went to take a round and the deceased Krishna directed Manik and Vasant to get to the numberthern side of the field for work.
After purchasing it, the deceased started cultivating it.
The appellants are closely interconnected.
