DILIP MADHUKAR JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal filed under the section 374(2) of Cr.PC arises from the order of conviction and sentence passed in Sessions Case No. 150 of 2003 passed by the learned 2nd Ad Hoc Additional Sessions Judge at Kalyan on 21.4.2005. In the said case, the accused was tried for the offences punishable under sections 302 and 506(11) of IPC and section 3, 25(1-B) (a) read with section 27(1) of Arms Act, 1959 and he has been convicted for all the three offence.

(2.) As per the prosecution case, PW-1 Madhukar Jadhav (Shimpi) begot two sons Ravindra Jadhav (the deceased) and Dilip, the present accused from his first wife Suman and two more children from his second wife Pratibha i.e. son- Ajay and daughter-Ashwini. PW-1 Madhukar Jadhav was aeon-tractor at Dombivili and was residing with his family initially, at the bungalow "Parishram". Ravindra Jadhav became a contractor and had a job in the Middle East. Whereas, the accused became a Homeopathy Doctor. Ravindra Jadhav was married to PW-9 Sangeeta on 15.6.1983 and within two years thereafter, he returned to India and settled down at Dombivli as a contractor and begot a son by name Rahul. Accused-Dilip got married and begot a son - Nilesh. Both brothers with their spouses stayed as a joint family at "Parishram" till the year 1994. On account of disputes between the brothers, Ravindra and his wife Sangeeta moved out to Navsuchi Apartments, Kandivali Road, Dombivli (East). However, PW-1 Madukar Jadhav was staying separately with his second wife Pratibha and two children. It appears that after few years Ravindra and his wife reoccupied the bungalow "Parishram'' and accused-Dilip Jadhav along with his family shifted to village Revati in Kalyan Taluka. He constructed the Dhaba by name Nilesh Punjab Dhaba and adjacent to the said Dhaba he has his residence. The differences between the brothers could not be settled and on the other hand, Court cases came to be filed against each other, including criminal complaints. PW-9- Sangeeta Jadhav had also moved the appropriate forums under the Maharashtra Co-operative Societies' Act, 1960 for a membership of Ragsudha Co.Op.Scy., Ganesh Nagar, which was opposed by the accused-Dilip Jadhav. She had also filed criminal complaints against the accused in the Court of Judicial Magistrate First Class at Kalyan. The brothers were not on visiting terms and the relations had strained to the extreme.

(3.) On 16.12.2002, PW-1 Madhukar Jadhav persuaded the deceased Ravindra Jadhav to accompany him to meet the accused-Dilip Jadhav at Nilesh Punjab Dhaba so as to settle the disputes between them and PW-3 Jagdish Pagare drove the TATA Esteem vehicle of Ravindra along with PW-1 Madhukar Jadhav and Ravindra Jadhav. They left the house of Ravindra at 5.00 p.m. and few hundred meters before Nilesh Punjab Dhaba the vehicle was stopped. PW-1 Madhukar went to Nilesh Dhaba to talk to accused-Dilip and both of them came back to the TATA Esteem vehicle where Ravindra and PW-3-Jagdish Pagare were waiting and at the instance of accused-Dilip, the visiting party went to Nilesh Dhaba. While they were sitting around the round table and were offered Pohe/snacks, the accused-Dilip went behind Ravindra and took out a Pistol from his pocket and fired one bullet on the temple of Ravindra and Ravindra collapsed. The accused had threatened PW-1 and PW-3 not to give evidence and not to file any complaint. After sometime, the accused left Nilesh Dhaba and PW-1 and PW-3 went to the house of Ravindra and informed his wife Sangeeta PW-9 at about 7.00 p.m., about the incident. PW-1-Madhukar Jadhav, along with Rahul and PW 9 -Sangeeta, went to Titwala Police Station at the first instance and from there they went to Kalyan Taluka Police Station where the complaint of PW-1-Madhukar was recorded by Anil Pawar-PW-12. In the meanwhile, Ravindra was taken to the rural hospital at Goveli and he was declared dead. After the complaint of PW-1-Madhukar, CR No. 139 of 2002 came to be registered and inquest panchnama (at Exh. 32) and spot panchanama (at Exh. 28) was drawn. The accused surrendered himself at the Police Station at about 9.00 p.m. and was arrested vide arrest panchnama at Exh. 92, on the very same day.