ANIL LAXMAN JAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH the appellants along with one Arun, were tried before the Additional Sessions Judge, Akola in Sessions Trial No. 103 of 1993 for offence of Committing murder of one Ramdas and the Additional Sessions Judge, vide judgment and order dated 21. 11. 1994, convicted the appellants of the offence punishable under Section 302 read with 34 I. P. C. and sentenced to undergo imprisonment for life and acquitted the other accused Arun of the offences. This appeal has been preferred by the appellants challenging the judgment of conviction and sentence passed by the Additional Sessions Judge.

(2.) THE prosecution case in brief is stated as under - THE deceased Ramdas Jawade, who was the victim of the assault, was residing at Gajanan Nagar, Akola, with his wife Muktabai (P. W. 13) and Children Deceased Ramdas was taking water from the house of Kinalkar by paying Rs. 20/ -. However, Shobha Waghmare, who is cousin sister-in-law of Muktabai, was insisting that Muktabai should take water from her house. However, Muktabai refused. On 5. 12. 1992, there was quarrel between Shobha and inmates of the house of Muktabai. Accused Anil, Sunil and Arun happened to be the brothers of Shobha Waghmare. It was about 9 p. m. on 6. 12. 1992, Sunil and Arun came to the house of Muktabai and had quarrelled with her as Muktabai refused to take water from Shobha. In that quarrel, both Sunil and Arun entered the house of Muktabai and pushed her husband i. e. deceased Ramdas who was sitting on the cot. Muktabai accompanied by her husband, deceased Ramdas and her daughter Vandana, went to Police Station for lodging report, but on their way, her husband got down from the auto-rickshaw at Jai Hind Chowk and told Muktabai to go to the Police Station to lodge report.

(3.) SO far as accused Sunil is concerned, he has denied the recovery of clothes and iron pipe alleged to have been recovered at his instance. He has not offered any explanation as to finding of blood on the weapons seized. He has stated that false report is lodged against him and under pressure of Police, witnesses have given false evidence.