JIVAN NATHU BANGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN these appeals, the appellants who are brothers were tried for murder of their own brother Ramji under section 302 read with section 34 of Indian Penal Code, in Session Trial No. 21 of 1996. The learned Additional Sessions Judge, Bhandara, vide judgment dated 6-2-1997 held both of them guilty for murder of Ramji under section 302 read with section 34 of Indian Penal Code and sentenced them to undergo life imprisonment, besides imposition of fine of Rs. 500/- each, in default rigorous imprisonment one year. The benefit of period spent in custody during trial was given to the appellants under section 428 Cri. P. C. The appellants challenge their conviction and sentence in these appeals.

(2.) THE prosecution has in all examined witnesses in support of the charge. The prosecution case is that the appellants are running business of illicit liquor, which was not liked by elder brother deceased Ramji. On one occasion he persuaded them to discontinue the said business. Lately, Ramji had tried to persuade them 8 days prior to the incident. On the date of the incident there was Bhajan programme in the house of one Sonar, which was adjacent to the house of mother of the appellants and deceased Ramji. The deceased Ramji and mother were in the house. On the fateful night, the deceased and his mother were lying in the Chhapari and at about 9. 00 or 10. 00 p. m. the appellants came to the Chhapari. When the appellants came, mother of Ramji switched on light and the appellants went away. After about half an hour the appellants again came, switched off the light; thereafter appellant Dnyneshwar gave a blow of jaksaw to Ramji and appellant Jivan also gave blow of axe on him. The mother of the deceased immediately switched on the light and saw the appellants who were about to run away. She raised hue and cry and people gathered. Later on he was taken to the hospital and found to be dead. The mother of the deceased who is also mother of the appellants lodged report with the police, which resulted in filing of the charge-sheet against the appellants. The police had recovered jaksaw as also blood stained clothes of appellant Jivan. The case of the appellant is of total denial.

(3.) THE learned Advocate Shri Daga argued the appeal on behalf of the appellant Jivan and the learned Advocate Smt. Smita Deshpande appointed in the Legal Aid Scheme argued the appeal on behalf of the Dnyaneshwar.