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1. All these appeals arise from the judgment and order dated 15.10.2012 passed by the learned Additional Sessions Judge, Hingoli, in Sessions Case No. 15 of 2008. In Sessions Case No. 15 of 2008 there were 11 accused persons and out of them accused crapl622.12 Nos. 1, 4, 6, 7, 8, 9, 10 and 11 (total 8 accused) were convicted and accused nos. 2, 3 and 5 came to be acquitted. The State of Maharashtra has filed criminal appeal No. 179 of 2014 against the acquittal of accused Nos. 2 and 5.

2. The Division Bench of this court (Coram: A.V. Nirgude and A.I.S. Cheema, JJ.) heard the appeals. However, they were divided in opinion. The Hon'ble the Chief Justice in exercise of the powers under Section 392 of Cr.P.C. r.w. Rule 7 of Chapter I of Bombay High Court, Appellate Side Rules, 1960 has referred the matter to me as a third Judge.

3. Brief facts giving rise to the prosecution case are as follows:-

a) Deceased Vithalappa Tukaramappa Torkad had purchased agricultural land admeasuring 4 Acres 38 Gunthas situated at village Parda, Tq. and district Hingoli from one Ratnabai and Kanbarao about more than 10 years earlier to the incident. However, the accused persons had raised dispute from Dasara of 2006. According to accused persons, 20 gunthas of the land of their share had been illegally shown as part of land purchased by deceased Vithalappa and as such they were demanding the said portion of land of 20 Gunthas of their share. Deceased Vithalappa told them that they should measure the land and if it is revealed during the measurement that 20 gunthas excess of land belonging to the share of accused, he crapl622.12 would return it to them. In the backdrop of this dispute, the incident had taken place on 23.2.2007 at about 11.00 a.m. in the field of deceased Vithalappa, situated near the bus stand. At that time, there was standing crop of turmeric and it was almost ready for harvesting.

c) P.W.16 Police Inspector Ramkrishna Chate has carried out the investigation of the crime. He had visited the spot, seized the weapons under panchnama, recorded the statements of the witnesses, obtained the postmortem examination notes and finally submitted charge sheet against 11 accused persons. Learned Additional Sessions Judge, Hingoli in Sessions Case No. 15 of 2008 framed charges against the accused persons for the offences punishable under sections 147, 148, 149, 302 r.w. 149, 447 of the I.P.C. and under Section 135 of Bombay Police Act. All the accused persons pleaded not guilty and claimed to be tried. The prosecution has examined in all 16 witnesses to substantiate the charges levelled against the accused persons. The defence of the accused is of total denial and false implication. After completion of prosecution evidence, the statements of the accused persons came to be crapl622.12 recorded under section 313 of Cr.P.C. After hearing both sides, the learned Additional Sessions Judge, Hingoli by judgment and order dated 15.10.2012 convicted the accused persons as follows:-

(b) Rest of the conviction and sentence dated 15.10.2012 passed by the learned Additional Sessions Judge, Hingoli in Sessions Case No. 15 of 2008 stands confirmed as against the original accused No. 10 Marotrao Kanbarao Maske and accused No.11 Waman Madhavrao Maske.

(c) Criminal appeal No. 625 of 2012 filed by accused No.8 Goprao s/o Marotrao Maske is hereby dismissed to his extent and the judgment and order of conviction and sentence dated 15.10.2012 passed by the learned Additional Sessions Judge, Hingoli in Sessions Case No. 15 of 2008 stands confirmed, inclusive the order of set off under Section 428 of Cr.P.C.