LAXMAN BHIMA RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE subject matter of this appeal is the homicidal death of one Asaram s/o. Mithu Chavan, resident of village Dhagi, which has a population of about 1000 with about 100 houses in Jalna district.

(2.) IN Sessions Case No. 174 of 1995, the present appellants and accused No. 2 (deceased during pendency of the trial) were put on trial for the offences punishable under sections 302, 323 r/w section 34 of Indian Penal Code. By judgment and order dated 8-11-2001, the learned Additional Sessions Judge, Jalna convicted original accused No. 1 Laxman Bhima Rathod and original accused No. 3 Jhamabai w/o Laxman Rathod for an offence punishable under section 302 r/w section 34 of Indian Penal Code and sentenced them to undergo R. I. for life and also to pay a fine of Rs. 500/- each, in default thereof further R. I. for six months each. The said order of conviction and sentence came to be challenged in this appeal which was admitted by this Court on 3-12-2001, however, the prayer for bail by suspending the order of sentence was rejected by this Court vide order dated 10-12-2001 in Criminal Application No. 2174 of 2001. The appellants, therefore, approached the Apex Court in S. L. P. (Criminal) No. 624 of 2002, which was rejected by order dated 15-2-2002, with a request to us to hear the appeal early. It is under these circumstances, this appeal was taken up for final hearing by us on priority.

(3.) THE prosecution case unfolds thus: mithu Chavan had two sons Asaram (deceased) and Prakash (P. W. 3) Ansabai (P. W. 4) is the wife of Prakash (P. W. 3) and Kausabai (P. W. 2) is the wife of the deceased. The age of the deceased at the time of occurrence was about 30 years, whereas Prakash was about 25 years age. Deceased has two sons and a daughter and Ramesh (P. W. 5) the son of deceased was of 6 years of age at the time of occurrence. Mithu has his house adjacent to the house of the brother of accused No. 1 and this portion was purchased by Mithu about six years prior to the incident. This newly purchased house was allotted to the deceased Asaram and Mithu (P. W. 1) and Prakash (P. W. 3) were staying in the old portion of the house, whereas Asaram was staying in the adjoining portion which was purchased from the brother of the accused No. 2. However, both the houses were separated only by a small wall and Kangis (Kangi is a grain storage drum made of Bamboo like material and is normally in round shape ). The road leading to the house of Asaram and Mithu was through the courtyard of the present appellants. Original accused No. 2 was the son-in-law of the present appellants and was allegedly staying with them. It is also on record that there was some dispute between the family of deceased and the present appellants on account of this approach road and three days prior to the date of occurrence, there was some quarrel that had taken place between the deceased and the accused No. 1, however, it was sorted out and no complaint came to be filed with the Police Station.