VENKATI BALAJI JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed against the judgment and order of Sessions Case No. 92 of 2008 which was pending in the Court of Additional Sessions Judge, Nanded . By the decision dated 25/09/2009 the Additional Sessions Judge has convicted and sentenced the appellant for offence punishable Under Section 302 of Indian Penal Code. The informant Balaji Jadhav is the father of accused Venkati . The accused is the only son born to first wife of Balaji . Deceased Tukaram was the only son born to second wife of Balaji . Age of the accused was around 19 years at the relevant time and age of his real sister Savita was about 15 years. Deceased was aged about 13 years and his real sister Rekha was aged about 11 years. As there was some dispute with the first wife, the first wife was living with her parents for more than 10 years prior to the date of incident. Accused and his sister Savita continued to live with Balaji in his village Kudla , Tahsil Umri , district Nanded .

(2.) THE accused was working in the field and he was also grazing she goats of the family. Few days prior to the incident in question the accused demanded partition from Balaji . Balaji called his relatives like Balu Pail , Damodhar , Nivrutti Jadhav and others to his house to convince the accused. These relatives tried to convince the accused by saying that it was not desirable to go with partition till the marriage of sister of accused was performed.

(3.) BALAJI returned from Umri at about 5.00 to 5.30 p.m. The second wife of Balaji informed that accused and deceased were not seen from 1.00 to 1.30 p.m. and the she goats which were taken away by accused were seen moving freely in the field. She informed that she goats were brought back to the house but these two boys had not returned to home.