MAHADEO KUNDALIK VAIDYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the Appellants challenge the judgment and order dated 22nd March 1996 passed by the Second Additional Sessions Judge, Jalna, in Sessions Case No. 30/1995, whereby they have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- each, in default to undergo R. I. for one year, for the offence punishable under section 302 read with section 34 of the Indian Penal Code.

(2.) IN short, the prosecution case runs as under:- The four Appellants are brothers inter se and are nephews of the deceased Dattarao. Their father, Kundalik, was Dattaraos brother. There was bad blood between the Appellants and deceased on account of partition of agricultural lands. A day before the incident i. e. , 10-6-1994, all the four appellants took mango fruits from a tree situated on the common bund of the agricultural lands belonging to the Appellants and the deceased. The same evening when the deceased returned from the Weekly market, his son, Prakash, P. W. 4 informed him about this. On 11-6-1994, at about 9- 9. 15 a. m. , Sharda, P. W. 2 and her sister Kalindi, P. W. 3 (the daughters of the deceased) along with the deceased proceeded to the field with food for their brothers. The deceased Dattarao was ahead of them. At about 9. 30 a. m. , while Sharda, Kalindi and the deceased were in a field called Jalyache Shet, the four Appellants, all armed with axes, came there. The Appellants went near the deceased, who was in a stream, and belaboured him with the axes. The deceased started running. However, he fell down and thereafter all the Appellants again belaboured him with axes. After assaulting the deceased, the Appellants ran away. Thereafter, Sharda and Kalindi went near the deceased, who, after looking at them for a minute, died. Thereafter, Sharda went to the field where her brothers Prakash, P. W. 4 and Diwakar were working and brought them to the spot.

(3.) THE evidence of Prakash, P. W. 4, shows that, on being informed by Sharda about the fatal assault on his father, he rushed to the place of the incident. He found that his father had sustained injuries on chest, arms, hands and legs. Thereafter, leaving the corpse of his father in the care of villagers, who had gathered there, he went to Partur Police Station on a jeep where he lodged his F. I. R.