TANAJI SHAMRAO NALAVADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and Order convicting and sentencing the appellants for life imprisonment and fine and for one year with fine for offences punishable under sections 302, 323 read with section 34 of IPC. Briefly stated the prosecution case is as under:

(2.) The deceased Jaysing Nalawade was having his agricultural land in village Padawalwadi. He was staying along with his family in Kolhapur. His parents were residing near Vaghbil Ghat in a bungalow. P.W. 12 Babasaheb Gurav and the deceased Jaysing Nalawade were friends. P.W. 12 was resident of Village Kerle. The deceased had a crusher machine. He was doing agricultural work. Padawalwadi is at a distance of 2 to 3 K.M. from Village Kerle. It is alleged that there was a dispute between Shamrao Nalawade of Padawalwadi and Malhari Nalawade in respect of agricultural land. The past history shows that murder of Shamrao Nalawade his sons Vasant Nalawade and Baban Nalawade, Malhari Nalawade and his sons Bajirao Nalawade was committed, at that time police had arrested the deceased Jaysing Nalawade, Vilas Pandurang Raut and others. Vilas Raut is Accused No. 3 herein. In the said case the deceased was acquitted. The incident in question took place on 1-2-2003. It is alleged that on that day at about 9.00 a.m. the deceased Jaysing Nalawade came to the hotel of P.W. 12 Babasaheb Gurav. He requested P.W. 12 to accompany him as he was engaged in sowing sugar cane. Both of them went by a private vehicle to the field of the deceased at Padawalwadi There were 5 women workers doing their agricultural work in the field of the deceased. Uttam Saravate was engaged in sowing sugar cane. The work got over at 5.30 p.m. It is alleged by the prosecution that thereafter the deceased Jaysing Nalawade, labour Uttam Saravate and P.W. 12 Babasaheb Gurav went to hotel Amar for taking tea. The deceased gave Rs. 400 to Uttam Saravate for marketing purposes. Thereafter Uttam went towards the bungalow. It is alleged that thereafter the deceased and P.W. 12 reached near the temple of Lord Ganesh which is in front of the house of Anandrao Patil.

(3.) The prosecution further alleged that at about 6.00 p.m. the deceased and P.W. 12 were waiting for a private vehicle. At that point of time three accused came by a Motor cycle of Yamaha company from Vaghbil side. The said motor cycle was driven by the Accused Tanaji Nalawade and Ghanshyam Atigre and Vilas Raut were sitting behind Tanaji Nalawade. At that point of time, P. W. 12 claims to have seen Pandurang Raut who emerged at the seen of offence from some direction. It is alleged by the prosecution that Vilas Raut took out a sickle used for cutting sugar cane and started abusing deceased Jaysing Nalawade in filthy language. Thereafter he gave a blow by sickle on the person of Jaysing Nalawade. The deceased obstructed said blow with the help of his hand. At that time P.W. 12 suggested the deceased Jaysingh Nalawade that he should run away from the spot. The deceased started running away towards the house of Anandrao Patil. Thereafter Tanaji Nalawade, Ghanshyam Atigre and Popat Raut followed Jaysing Nalawade. They all were armed with sickles. It is alleged that the accused Vilas Raut gave blow of sickle by blunt side on the left knee of P.W. 12. During the course of running Jaysing Nalawade fell at the threshold of house of Anandrao Patil and at that point of time Accused Tanaji Nalawade, Ghanshyam Atigre, Popat Raut and Vilas Raut gave repeated blows of sickle on the head and back side of Jaysing Nalawade. P.W. 12 Babasaheb Gurav requested the accused not to Kill Appa (Jaysing Nalawade). The P.W. 12 states that when the accused persons were marching towards him he ran away from the site. He was waiting on the main road known as Kolhapur Ratnagiri road, for getting a vehicle. No sooner he saw one truck coming he stopped that truck entered in it from the driver side. P.W. 12 told the driver to drive the truck in highspeed. P. W.12 thereafter alighted from the said truck and went to the bungalow and informed the incident to the parents of the deceased Jaysing Nalawade.