SHANKAR BHIKA NARSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by Special Leave against the conviction of the appellant under Sec. 302 Indian Penal Code and a sentence of life imprisonment imposed upon him.

(2.) According to the prosecution, the appellant was aggrieved by the action of Smt. Kondabai, the widow of the appellant's uncle named Bapu. She had taken steps to obtain a revocation of a gift deed executed by her on September 9, 1958, in favour of Bhika, the father of the appellant. It appears that Bhika had induced his sister-in-law Kondabai, after the death of his brother Bapu, to make the gift by executing an annuity bond to pay maintenance to her in lieu of it. It was alleged that, as the undertaking was not carried out by Bhikam, Kondabai had taken steps for the revocation of the gift deed on the ground that it was not voluntary. It appears that, due to this and other causes of friction and disputes, Kondabai had gone to live with her sister Laxmibai.

(3.) On 24-10-1965, at about 5 a.m. when Kondabai had gone to a field to answer the call of the nature, the appellant was said to have been lying in wait for her and to have attacked her with an axe. A First Information Report showing that the appellant was suspected of the attack which resulted in her death had been lodged at 10 a.m. on 24-10-1965 by the Police Patil of Kusegaon. Tanhubai, P. W. 4, an alleged eye witness of the occurrence, is said to have given information of the murder to Bhausaheb P. W. 2, the son of Laxmibai, so that the First Information Report was lodged, But, this was not mentioned in the First Information Report. She admitted in her evidence that there was some darkness at that time and that she could not make out the implement with which Kondabai was struck. But, she heard the deceased cry out:'Ho mother', She also alleged to have risen from where she was sitting nearby and to have seen the deceased fall with her face upwards. She also deposed that there was enough light for her to recognise the appellant, who was wearing a Gandhi cap and a dhoti. She stated that she had seen Shankar running towards his house and that she even shouted at him.