ANGAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against a judgment dated Oct. 31, 1974, of the High Court of Bombay, whereby reversing the acquittal of Angad, appellant, the High Court convicted him under Section 302, Penal Code, and sentenced him to imprisonment for life. The prosecution case was as follows :

(2.) One Shankar has three sons and a daughter. The appellant, Angad, is the son and the original accused 2, Sumanbai, is Shankar's daughter; Laxmibai, the original accused 3 is Shankar's wife. Shankar had a brother, named Kundalik, who was joint in residence with him. The two brothers held about 30 acres of land. Kundalik died survived by his widow, Mathurbai, (who is the deceased person in this case).

(3.) About five or six years before the occurrence in question, the relations between Mathurbai deceased on one hand, and Shankar and his family on the other had become strained. Mathurbai claimed to get her share partitioned for separate enjoyment. Shankar was unwilling and refused to do so. Mathurbai complained to the respectables in the village. A Panchayat was convened which considered her complaint. The Panchayat suggested that Shankar should cultivate the entire land, including the share of Mathurbai, but should give her 1/4th of the gross produce of the entire land held by the family. Shankar did not abide by this settlement. Mathurbai again complained to the village leaders, repeatedly, to persuade Shankar to give her share of the agricultural produce according to the settlement brought about by the Panchayat.