BHAGWAN MUNJAJI PAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by sepcial leave is directed against a judgment, dated April 23, 1976, of the Bombay High Court, whereby the conviction of the appellant by the Additional Sessions Judge, Nanded, for an offence under Sec. 302, Penal Code, with a sentence of life imprisonment, was upheld.

(2.) The facts are as follows: Accused 1, 2 and 5 are the sons of accused 4, while accused 3 is the wife of Munjaji. They all resided in village Wadi Buzrug. The deceased Devidas had three brothers, namely, Purbha, Jaiwanta and Ananda. Baijabai (P. W. 8) is their mother. At the time of occurrence, Devidas and Ananda were, living together, while his other brother were residing separately. Baijabai was residing in a portion of the Wada while the accused were residing in the other portion of the same Wada. There is a court-yard between these two portions of the Wada. According to the prosecution, there was long-standing dispute between Baijabai and her sons on the one hand and the accused on the other with regard to the open land in front of their houses.

(3.) On October 7, 1972 at about 7.45 p. m., Shrimati Baijabai (P. W. 8) returned home from the filed. Her she-buffalow browsed the vegetable creepers of Jaijabai. Accused 3 picked up a quarrel with Baijabai. Some sharp words were exchanged between these two women. At this juncture, Tatya, accused 2, who was present at the door of his premises, asked Baijabai to hold her tongue. He and accused 4 were carrying sticks, while the appellant (accused 1) was armed with an axe. Just at this juncture, Devidas deceased returned home. He questioned Tatya, accused 2, why he was quarreling with his mother The appellant then suddenly surged ahead and gave three blows to Devidas, two with the blunt side and one with the sharp side of the weapon on the head. Accused 2 and 4, also used their sticks against the deceased. Ananda (P. W. 9) came to the rescue of his brother, but the appellant hit him with the axe, while his companions assaulted him with sticks. The mother of the deceased tried to intervene; the assailants dealt blows to her also. On receiving the blows dealt by the appeallant, Devidas dropped dead at the spot. Ananda also fell unconscious. Baijabai also went into a swoon. The assailants then bolted away.