VISHNU WAMAN GAUD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused - Vishnu Waman Gaud was convicted for the offence punishable under Section 302 Indian Penal Code and sentenced to imprisonment for life by the learned Sessions Judge, Amravati (Shri V. M. Damle) by his judgment dated 1-4-1986 in Sessions Case No. 130/85. He has been found guilty for committing the murder of Ramhari Gopal Haramkar on 22-5- 1985 at about 2. 20 P. M. The appellant has come up in appeal to challenge his conviction and sentence.

(2.) BRIEFLY stated the case set up by the prosecution is that the deceased owns a house in the locality known as Pannalal Nagar, Amravati. He was occupying the ground floor of his own house. He was living with his wife. His house being a building of two storied, the first floor was in occupation of Kishor (P. W. 3) and his brothers, the sons of sister of deceased. The first floor was occupied by Karule brothers and their parents. The deceased, prosecution witnesses i. e. Karule brothers and Mahadeorao Haramkar (P. W. 1) being to same community i. e. Sopar. The alleged incident of assault took on 22-6-1985. On that date, the marriage ceremony of one Arun Harainkar with Chhaya Karule took place at Mrugendra Math hall, Amravati. Since the parties to the marriage being of sonar community, the deceased, the witnesses and others were invited to attend the marriage as also to pertake the lunch in the afternoon.

(3.) THE father of Kishor and Ashok Karula being paralytic patient did not attend the marriage ceremony and was in the house. Other members of the family had attended the marriage ceremony, which took place at about 9 or 10 AM. After the marriage ceremony, the wife of the deceased did not return home and she was in the marriage hall for lunch. She remained there until she was informed about the murderous assault on her husband. Likewise, the mother of Kishor (P. W. 3) was also in the marriage hall.