NARAYAN SHANKAR GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by Special Leave against the judgment and order of the Bombay High Court allowing an appeal against the acquittal of the three appellants by the Sessions Judge of Poona from charges framed under Section 302 read with Section 34 Indian Penal Code.

(2.) It was alleged that, on 18-11-1966, at about 9 p.m., the three appellants, Narayan Shankar Gaikwad, Datu Mahadeo Dhume, and Jagannath Baburao Hingmire, had murdered Jal Pirosha Khambata at a place below Swargate Canal Bridge behind Kirloskar Press ltd., at Poona, by hitting him with stones. The body of the murdered man was discovered on the evening of 19-11-1966 by K. L. Lawangare, P. W. 5, who had gone out for a stroll with his friend. Hanif Mohomad by the side of the Canal. It was partly sub-merged in water and a heavy piece of stone weighing about 20 kilos was found placed over the face which had been battered.

(3.) The deceased had left Bombay in August, 1966, with his belongings, for Poona, where he rented a room and tried his luck in dry fish business and in the Ice-cream business. During this period he came in touch with the appellant Narayan Shankar Gaikwad who was running Tea stall at Fursungi Railway Station. On 4-11-1966 he moved into the house of Gaikwad near Fursungi. He had advanced him a loan to run his Tea stall business in which he was probably a partner. Gaikwad was also employed in a Metal factory near Swargate where accused J. B. Hingmire too worked. The appellant accused D. N. Dhume is the brother-in-law of the accused. N. S. Gaikwad.