LAXMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Section 374 of the Code of Criminal Procedure.

(2.) Briefly stated the prosecution case is to the effect that deceased Ramkisan was resident of Matkuli Tq. Ashti District Beed. He was serving as a lecturer. There were illicit relations between him and the wife of the appellant No.1. It is alleged that the family members of both the sides were aware about such intimacy. Even attempts were made to sever such illicit relations with the intervention of some persons. It is alleged that on 26.05.2013 a quarrel ensued between the appellants and Ramkisan in a cattle camp of village Pokhari on account of the same cause. Soon after the incident Ramkisan informed his brother Kailas (PW-2) who advised him to approach police. Accordingly he went to Ashti Police Station and lodged a complaint about which a Non-Cognizable case Report (Exhibit-36) was registered by police constable Gaikwad (PW-5). The appellant No.2 happens to be the cousin of the wife of appellant No.1.

(3.) It is then alleged that in the night intervening 26.05.2013 and 27.05.2013 Ramkisan along with his family and Kailas (PW-2) who was residing in the same house separately had dinner and went to sleep. Ramkisan and his family members were sleeping in the yard of the house. It is then alleged that during that night Ramkisan had telephonic conversation with the appellant No.2 and left the house, even while his wife Savita (PW-6) was asking him as to where was he going in the midnight. Assuring her that he would return he left the house. It is then alleged that in the early morning Ambadas (PW-4) who was resident of the same village Matkuli, while going to his filed saw Ramkisan dead in the bank of a river. He went to the house of Kailas (PW-2) informing about it. It is then alleged that Kailas (PW-2) along with Savita (PW-6) rushed to the spot, shifted Ramkisan to the Civil Hospital at Ashti where he was declared dead.