DNYANOBA ASHROBA KENDRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this Appeal, the Appellants challenge the judgment and order dated 21-12-19995 passed by the Additional Sessions Judge, Ambejogai, in Sessions case No. 54/90, whereby they have been convicted and sentenced in the manner stated hereinafter : - Dnyanoba Ashroba Kendre :- Under section 302 of the Indian Penal to suffer imprisonment for life and to pay a fine of Rs. 2000/-, in default to suffer 6 months R. I. Parimala Dnyanoba Kendre : - Under section 323 of the Indian Penal Code to suffer R. I. for one year and to pay a fine of Rs. 1000/-, in default to suffer 3 months' R. I.

(2.) SHORTLY stated, the prosecution case runs as under. The deceased Babasaheb Sopan Tarkase, at the time of the incident, was residing in village Dhawdi, taluka Kaij, district Beed. On the date of the incident, i. e. , 24-5-1990, at about10 a. m. Gautam Vishnu Gaikwad, P. W. 5, a friend of the deceased Babasaheb Tarkase, accompanied by Mahadeo Shrirang Landge, P. W. 6, came to village Dhawdi to see his aunt. In the presence of Babasaheb Tarkase, Gautam Gaikwad met his aunt. Thereafter, at about11 - 11.30 a. m. , Gautam Gaikwad, Mahadeo Landge and Babasaheb Tarkase had food together. Thereafter, Babasaheb told them to accompany him to his agricultural land, bearing No. 177. Consequently, they, along with Babasaheb Tarkase and some others, proceeded towards Babasaheb Tarkase's agricultural land. Thereafter, they went a little ahead of the bandh. It was about2 p. m. then, they saw the Appellants coming towards them. The Appellants asked them whether they had plucked mangoes. Babasaheb Tarkase replied that they had not plucked any mangoes. Thereupon, Appellant Parimalabai caught hold of the hands of Babasaheb Tarkase and started assaulting him with a chappal and Appellant Dnyanoba took out a knife and inflicted a knife blow on his abdomen, resulting in a bleeding injury being caused to him and his intestines protruding. After assaulting Babasaheb, the Appellants ran away. Sunder Tarkase, P. W. 4 , saw them running away. Thereafter, Babasaheb asked Gautam Gaikwad to go to his house and inform his family members about the incident. Consequently, he went to the house of Babasaheb, where he informed his aunt Sukhshala about the incident. Mahadeo Landge, however, stayed with Babasaheb Tarkase. Thereafter, along with his aunt, Gautam Gaikwad went to police patil Tatyaram Meharkar, P. W. 3, and then came along with his aunt and the police patil to the place of the incident. He then started searching for a bullock cart for carrying Babasaheb to the hospital and Mahadeo Landge came to Ambejogai for getting an ambulance. Gautam Gaikwad could not get a bullock cart. He then returned to the place of the incident and found Babasaheb dead. In the meantime, Mahadeo Landge also returned to the place of the incident.

(3.) AFTER completing the investigation, P. S. I. Giri submitted the charge sheet against the Appellants.