SUBHASH DNYANOBA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE both these matters, arise out of the same set of facts and a common impugned judgment, we are disposing them off by one Judgment.

(2.) THREE persons namely Subhash Dnyanoba Jadhav, Appasaheb Dnyanoba Jadhav and Bapu Dnyanoba Jadhav were tried by the Additional Sessions Judge, Pandharpur, in Sessions Case No. 4 of 1995, for offences punishable under sections 302, 307, 324 all read with section 34 I. P. C. he learned trial Judge was pleased to convict and sentence Subhash Dnyanoba Jadhav and Appasaheb Dnyanoba Jadhav in the manner stated hereinafter:

(3.) THE prosecution case in short runs as under : the informant Sanjay Sukhdeo Koli P. W. 2, Baban Koli P. W. 10 and Dattatraya Koli P. W. 11, are the nephews of the deceased Nivrutti (their fathers sister was married to Nivrutti) and deceased Bhanudas. Hanmant Koli P. W. 3 is the son of the deceased Bhanudas Koli and grand son of the deceased Nivrutti, in as much as the later was maternal uncle of his father. The said witnesses, the deceased persons and the appellants used to live in the same village namely Akola-Vasud, in Taluka Sangola District Solapur. About seven to eight months prior to the incident, there was a quarrel between the deceased Bhanudas and the appellants on account of right of way. The house of the appellants was situated at a distance of about 125 feet from that of Bhanudas. The way to Akola-Vasud was situated in front of the door of the appellants and they were obstructing Bhanudas from using that way. On 27-10-1994, at about 6. 30/7 p. m. Dattatraya Koli, the brother of the informant Sanjay Koli, came running from the village and informed him that the appellants and the acquitted accused Bapu Jadhav were quarrelling with Hanmant and Bhanudas. Consequently, he along with his brothers Baban Koli P. W. 10 and Dattatraya Koli, and his mother Sitabai, came running to the village. They heard the cries of quarrel coming from behind the house of the appellants. Consequently, they went to the place where the quarrel was going, namely under a neem tree. Hanmant Koli also reached there. They saw that the appellant Subhash Jadhav was armed with a knife and the appellant Appasaheb Jadhav was armed with a dagger and were inflicting injuries with the said weapons in succession on the person of Nivrutti. When Hanmant Koli tried to intervene, the appellant Subhash Jadhav inflicted a knife blow on his chest. The appellant Bapu Jadhav caught hold of Sanjay Koli and the appellant Subhash Jadhav inflicted a blow with a knife over his right forearm. The appellant Appasaheb Jadhav inflicted a blow with a dagger on Babban. Some villagers had assembled there. They intervened and rescued them. As a consequence of the assault, Nivrutti died on the spot. Thereafter, the appellants and Bapu Jadhav went towards their house and the informant Sanjay Koli and others started proceeding for their Vasti. In the meantime, Sukhdeo Koli (father of the informant Baban Koli and Dattatraya Koli) and Bhanudas came from the village. Bhanudas Koli seeing them in a injured condition, rushed to the house of Sidhling Shivsaran P. W. 16 for bringing a jeep and this infuriated the appellants who followed him. The informant and Dattatraya Koli also followed the appellants. Finding Bhanudas standing in front of the house of Sidhling Shivsaran, the appellant Subhash Jadhav inflicted knife blows and appellant Appasaheb Jadhav inflicted blows with a dagger over Bhanudass person resulting on his falling down. Thereafter, the appellants ran away. Thereafter, the informant Sanjay Koli informed his parents and Bhanudass wife Indirabai. They then proceeded on foot to Kamlapur. On reaching Kamlapur, they boarded a tempo and went to police station Sangola. 3. The evidence of H. C. Sidhling Shivasaran P. W. 16 shows that the same day, 27-10-1994 at 9. 15 P. M. Hanmant Koli and Baban Koli came to Police Station Sangola.