STATE OF MAHARASHTRA Vs. RAJU

JUDGEMENT

(1.) The respondents were charged for an offence punishable under Section 302 of I.P.C. simplicitor and under Section 302 r.w. 34 of I.P.C. for committing murder of Madan Baburao Nalawade on 27/2/ 1991 at about 9 a.m. Charge was framed on 11/10/91 in Sessions Case No.93/91 by Second Additional Sessions Judge, Latur.

(2.) By judgment and order dated 30/ 11/91, learned trial Judge acquitted all the respondents from the charges. The State preferred present appeal against the said judgment and order.

(3.) The prosecution case in brief is that complainant Ramchandra Baburao Nalwade runs a hotel on Latur Ausa road. He also runs a Raswanti shop. The deceased Madan is younger brother of the complainant. The hotel of the complainant P.W.3 Ramchandra is adjacent to Khardekar building. It is alleged that Madan was taking education in I.T.I, institute and used to look after the hotel and Raswanti business. It is alleged that the incident in question took place on 27/2/91 at about 9 a.m. P.W.3 Ramchandra and his brother were sitting at the counter of the hotel. At that time, Raju Kothambire respondent no. 1 and other 3 accused persons came to their hotel. Raju Kothambire was wearing black strips blue coloured T-shirt and jeans pant of blue colour. Some quarrel took place between Raju and deceased Madan. It is alleged that Raju gave 2 fists blows to Madan. P.W.3 Ramchandra intervened in the quarrel. Maternal uncle of Ramchandra Subhash Khandade, Vaijinath Dhage, Sambhaji Shinde and one Shri. Alapure intervened. The respondents left the hotel thereafter. Some quarrel took place on account of hotel bill in between the deceased and Raju. It is alleged that at about 10 a.m., all the respondents again came to the hotel. Respondent no.l Raju was armed with a dagger in one hand and motor cycle chain in another. The respondents called Madan to come outside the hotel. Ramchandra asked Madan not go out. Thereafter, respondent no.l entered the hotel, gave two fist blows to Madan and dragged him out. Ramchandra tried to intervene, but he was assaulted with a motorcycle chain on his left hand. It is alleged that Raju and others took deceased Madan towards Nirmal complex. Ramchandra followed them. The other persons sitting in the hotel including Subhash, Vaijinath rushed to the spot. P.W.4 Subhash Khandade thereafter noticed that Raju Kothambire gave blow with a dagger on the right side inguinal region. The deceased thereafter, after receiving a blow, fell on the ground. Blood started oozing from the injury. The respondents thereafter, ran towards northern side i.e. to Latur side and thereafter turned to east side and ran away. Persons gathered, took the injured to Jaju Hospital. Madan expired in the hospital on the very day.