JASAN MUGUTRAO KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Sessions Case No.35 of 2015 was tried by the Additional Sessions Judge, Baramati, wherein Kumar @ Ramgundya Pandu Pawar (A-5) in C.R. No.350 of 2014 came to be acquitted of the offences punishable under Section 302 read with Section 34 of the IPC on 19/11/2015. In the said Sessions Case, other five accused persons including the present Applicants (A-1 and A-4) were shown as absconding accused.

(2.) Learned counsel for the Applicants has placed on record the said judgment dated 19/11/2015 in Sessions Case No.35 of 2015 and placed heavy reliance on the same.

(3.) C.R. No.350 of 2014 came to be registered on the complaint field by Bhanudas Tikav Kale @ Bhanudas Tulshiram Bhosale, brother of the deceased Shetkarya Bhosale. He reported about an incident dated 19/10/2014 when the in-laws of his sister Gangubai Kale by name, Jasan Mugutrao Kale (Applicant No.1), her brother- in-law Ashilya Jasan Kale, Kaka @ Datta Jashan Kale, Chukya @ Tukaram Jasan Kale and one Ramgundya @ Kumar Pandu Pawar and Appa Pandu Pawar, residents of Manmodi, Taluka Miraj, District Sangli arrived at Village Kathi, Indapur, Pune for effecting the compromise in connection with the murder of his sister. In the said meeting, the brother of the Complainant, Shetkarya Tulshiram Bhosale, his father, mother and brother's son Yevan and his wife were present. His father left the spot at 7.00 p.m. since he was residing in the farmhouse located at a distance. The Complainant informed the accused persons, who had come for compromise that since the case has now gone to the court, the decision would be taken by the court itself. No compromise was effected and, at that time, the persons who had assembled for the compromise, left for his father's house in the field and they were accompanied by deceased Shetkarya Tulshiram Bhosale. On 20/10/2014, his nephew informed the Complainant that his father did not return in the night and, therefore, the Complainant along with others, in search of his brother, went to his father's house. At that time, it was informed that body of Shetkarya was found in the field of one Dattu Kisan Vadapure and the he was throttled by means of muffler. On removing the said muffler, which was tied around his neck, it was noted that on the backside of his neck he had injuries. The complaint came to be lodged against the in-laws of deceased Gangubai Kale and six persons were implicated as accused in the said C.R. and the Applicants were indicted as A-1 and A-4.