GAMBHIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment of the Bombay High Court at Nagpur dated 19th/25th of June, 1979, convicting the appellant under S. 302 of the Penal Code and sentencing him to death for the murder of Laxmi and her two children.

(2.) One Namdeo Gopal, resident of Shelgaon-Jahagir, was in the employment of Shankarrao Shewale, resident of the same village, as an agricultural labourer. Shankarrao Shewale had also land in another village Andrul at a distance of 15 miles from Shelgaon-Jahagir. Shankarrao had deputed Namdeo to cultivate his fields at Andrul about three weeks prior to the date of occurrence on 26th of Feb. 1975. He accordingly went to village Andrul leaving his wife Laxmi and daughter Manda aged about 10 years and his son Samadhan aged about 4 years at his residence in a locality known as Tagwale locality. During his absence Gambhir the appellant used to visit the house of Laxmi off and on.

(3.) The prosecution story as unfolded in evidence is that on 26th of Feb. 1975 Gambhir was seen in the house of Laxmi in the evening. He was also seen in the company of Laxmi at about 10.00 p.m. at night on the same day under a Neem tree. Thereafter neither Laxmi nor her children were seen alive. Next morning that is on 27th of Feb. the neighbours found that the thatched door of the house of Namdeo was open and household utensils and other goods in the house were lying in disorder. Laxmi and her children were not found there. The news spread in the village about the disappearance of Laxmi and her children. When Shankarrao Shewale, the employer of Namdeo got the news, he proceeded to village Andrul and brought Namdeo back in the evening of 27th of Feb. 1975.