STATE OF MAHARASHTRA Vs. SHIVAJI MARUTI WABLE

JUDGEMENT

(1.) The State has preferred this appeal against the order of acquittal dated 11th October, 1990 passed by the Additional Sessions Judge, Baramati, Dist. Pune in Sessions Case No. 89 of 1989. By the impugned judgment and order, the learned Additional Sessions Judge has acquitted the accused for the offences punishable under Sections 302 and 323 read with Section 34 of the Indian Penal Code (IPC). The respondent-accused were charge-sheeted for the offences punishable under Sections 302 and 323 read with Section 34 of the IPC. As per the case of the prosecution, the complainant, Hanumant Somaji Bhapkar (PW 3) was residing with his brothers, father, mother and other family members at Bhapkar vasti, Kharadewadi, Village Karkhel, Tal. Baramati, Dist. Pune. The mother of the complainant viz. Laxmibai Soma Bhapkar (deceased) was looking after the family affairs. It is further the prosecution case that accused No. 2, Kausalyabai Maruti Wable was cultivating the land of the complainant and on that basis deceased Laxmibai and other accused had friendly relations with each other. The deceased had obtained an amount of Rs. 1200/- from accused No. 2-Kausalyabai about seven years back. The entire amount was not repaid and in view of the same, Kausalyabai used to demand the said amount from the deceased from time to time. On the aforesaid ground, quarrel used to take place between the parties. Subsequently, deceased mortgaged her one acre portion of land to one Arjun Hariba Bhapkar and obtained an amount of Rs. 6,000/- from him which was ultimately paid to Kausalyabai. Thereafter the entire amount was paid to Kausalyabai about 4 to 6 months prior to the incident. It is further the case of the prosecution that even though full amount was paid, Kausalyabai was yet demanding additional amount.

(2.) The prosecution case is that on 21st July, 1989, the complainant, along with his brother Dattatraya, went for removing grass at about 8 to 8.30 a.m. Thereafter they came back home for taking meals. The complainant and his brother Dattatraya took their meals together and at that time they were told by their mother Laxmibai that she was going to dispensary and accordingly she left the house at about 10.00 a.m. on 21st July, 1989. Thereafter, complainant and his brother Dattatraya went to the field for removing grass. At that time, accused No. 3-Gorakh Sadashiv Wable came to the field at about 12 Noon and told the complainant that accused No. 1-Shivaji Maruti Wable took the mother of the complainant in his house and tied her at their vasti. Thereafter he informed them that they should come along with him to the house of Shivaji Wable. The complainant and his brother decided not to go to the house of accused Shivaji Wable out of fear. Thereafter, after some time, accused Shivaji Wable and Gorakh Wable again came to the field of the complainant and accused Shivaji Wable started beating the complainant with a stick. It is the prosecution case that one Namdeo Tukaram Bhapkar came there and intervened and separated the complainant and accused. Subsequently, the complainant along with his brother Dattatraya went to Baramati and met their Advocate, one Takale and informed him about the aforesaid incident. Thereafter one application was got prepared regarding the incident and the same was submitted at about 9.00 p.m. on 21st July, 1989. Subsequently, the Complainant along with his brother and brother's wife and father went to Undewadi and subsequently came back to Baramati on the next day morning. On the next day he met his Advocate. The complainant and his maternal uncle Dnyandeo Laxman went to Supa. At that time Arun Bhapkar, cousin of the complainant, along with one Police Patil met the complainant and informed him that his mother Laxmibai had been murdered and her dead body was lying in the field of Jambhale at Supa. The complainant along with others went to Supa Outpost and thereafter went to Vadgaon Nimbalkar Police Station. The complaint was lodged at the said Police Station alleging that the accused Kausalyabai Wable along with her son Shivaji Wable committed murder of his mother Laxmibai in between 8.00 p.m. and 9.00 p.m. on 21st July, 1989 and threw her body in the field of one Jambhale. On the basis of the said complaint, the police registered a case being Crime Register No. 68/89 and investigated the matter. After completing investigation, the police submitted charge-sheet. The matter was ultimately committed to the Court of Session. The learned Sessions Judge framed charge against the accused under Sections 302 and 323 read with Section 34 of the IPC. The accused did not plead guilty to the charge and claimed to be tried.

(3.) During the trial, the prosecution examined 16 witnesses. After considering the evidence on record, the learned Judge came to the conclusion that the evidence led by the prosecution hardly inspires any confidence and ultimately found that the prosecution has failed to prove its case beyond reasonable doubt that the accused have committed the aforesaid offence. The learned Judge accordingly acquitted the accused against which the State has filed this appeal.