PANDIT RAMCHANDRA MULIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the judgment and order dated 31st January, 1997 passed by the Additional Sessions Judge, Gadhinglaj, in Sessions Case No. 36/1996, whereby they have been convicted and sentenced in the manner stated hereinafter : - All under Section 302 read with 34 of the I. P. C. to suffer imprisonment for life. In addition appellant Pandit Ramchandra Mulik under Section 324 of the I. P. C. to suffer 1 year R. I. and to pay a fine of Rs. 1000/-, in default to suffer 6 months R. I.

(2.) SHORTLY stated the prosecution case runs as under :- The appellant Ramchandra Narayan Mulik is the father of the appellant Pandit Ramchandra Mulik. Appellant Babu Gundu Kamble is his associate. The appellants, the informant Mahadev Bapu Jadhav P. W. 3 and the deceased Tukaram who was the younger brother of the appellant Ramchandra Narayan Mulik at the time of the incident were residing at village Ardal. Ramchandra Narayan Mulik despite having been given in adoption in another family continued residing with his son Pandit Ramchandra Mulik in the house of the deceased Tukaram. Since about 5 to 6 years prior to the incident Ramchandra Narayan Mulik had got a house in Beghar Vasahat. Hence Tukaram started insisting that he should start living in the said house. However, Ramchandra Narayan Mulik paid no heed to this wish of deceased Tukaram. Hence deceased Tukaram filed a Civil Suit against Ramchandra Narayan Mulik and Babu Gundu Kamble in respect of the said house. Arguments in the said suit were heard and it was kept for judgment on 4. 3. 1996 by the Civil Judge, Junior Division, Ajara. In the said civil suit Mahadcv Bapu Jadhav P. W. 3 had deposed on behalf of the deceased Tukaram. Hence Ramchandra Narayan Mulik, his son Pandit Ramchandra Mulik and his associate Babu Gundu Kamble became annoyed with him and Tukaram.

(3.) ON 1. 3. 1996 at about 8 to 8. 30 p. m. when Mahadev Bapu Jadhav P. W. 3 was standing near his shop in village Ardal, deceased Tukaram came and asked him to accompany him for a walk towards Bhalri temple. Thereafter Mahadev Bapu Jadhav P. W. 3 and the deceased Tukaram went to said temple and offered prayers. They then went towards Bahiricha Mal. Thereafter they started returning by the cart road towards the village. At thaljuncture appellant Ramchandra Narayan Mulik armed with an axe and appellants Pandit Ramchandra Mulik and Babu Gundu Kamble armed with sticks emerged. Pandit Ramchandra Mulik inflicted a stick blow on the head of Mahadev Bapu Jadhav P. W. 3 resulting in his running towards the side of aheap of cow dung cakes lying near the well. From there Mahadev Bapu Jadhav P. W. 3 saw that the appellants were chasing deceased Tukaram. He also saw that Appellant Ramchandra Narayan Mulik assaulted him with an axe and the remaining two with sticks. Apart from Mahadev Bapu Jadhav P. W. 3 the incident was also seen by Suman Joshi P. W. 5 whose house was in the vicinity of the place of the incident and Mahadev Gurav P. W. 10 who at the said time was at her house. These witnesses saw the incident in the moon light. After assaulting Mahadev Bapu Jadhav P. W. 3 and deceased Tukaram the appellants are said to have gone away. The evidence of Mahadev Bapu Jadhav P. W. 3 shows that his shirt has become stained with blood and when after the incident he went to his wife, on enquiries from her, he told her about the incident. His wife then went to the house of deceased Tukaram and informed Tukaram's wife. Thereafter the wife and sons of deceased Tukaram went towards Bahiricha Mal but could not find Tukaram. Then Mahadev Bapu Jadhav along with Tukaram's wife and sons went to the Police Patil and informed him about the incident. Thereafter alongwlth the Police Patil they again went towards Bahiricha Mal where they noticed the corpse of deceased Tukaram lying on the metal road. The evidence of Mahadev Bapu Jadhav P. W. 3 further shows that the Police Patil asked him to lodge the F. I. R. Consequently he, the Police Patil and Tukaram's wife came to the S. T. Stand and after waiting for 1 1/2 hours to catch a bus and falling to get one, went walking to Uttur. At police out post Uttur at about 2 to 2. 30 a. m. , as is evident from the evidence of P. H. C. Shantaram P. W. 12 of the said out post, Mahadev Bapu Jadhav disclosed the incident P. H. C. Shantaram, brought a private jeep and on the same took the informant and others to Ajara Police Station.