PANDA NANA KARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal under the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, is directed against the conviction and sentence imposed by the Bombay High Court reversing the order of acquittal by the Trial Court. The deceased Pandurang was the resident of village Khadiki. P. W. 15 Kerappa is his elder brother. P. W. 7 Gajaram who is the only witness in this case, was a friend of deceased Pandurang. Gajaram had two brothers Sandipan and Shrimant, P. W. 10. They had three sisters Anjubai, wife of the accused and Yamunabai (P. W. 6) and another.

(2.) The case of the prosecution is that after the death of the Yamunabai's husband, intimacy developed between Yamunabai and the deceased Pandurang. Yamunabai was also friendly with accused. It is stated that the accused told Yamunabai to cut off her relations with the deceased Pandurang and to remain in his exclusive keeping. But Yamunabai turned down this proposal. Hence the accused developed enmity against the deceased.

(3.) The deceased Pandurang had gone to village Mangalwedha on Wednesday morning. P. W. 6 Yamunabai, her two children and the deceased came to Khomnal to attend a marriage. The accused also came to the place. After the marriage ceremony was over, there was a procession which started at 11.00 O'clock and returned at about 3 A. M. The procession was attended by Gajaram, P. W. 7, the deceased Pandurang, the accused, Shrimant P. W. 10 and Kondiba. P. W. 12. the brother of the bridegroom.