MAHENDRA CHANDRAKANT JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Gr. Mumbai in Sessions Case No. 310 of 1994 whereby the Appellant - Original Accused who was charged for commission of offences punishable under Ss. 302 of the Indian Penal Code (for short 'IPC ') convicted and awarded sentence for life imprisonment along with fine of Rs.1,000.00 in default to suffer SI for three months, filed the present Criminal Appeal.

(2.) To appreciate the challenge raised in the present Appeal, it would be useful to refer to the case of prosecution. It is the case of prosecution that deceased Dattaram Morajkar the father of original accused no. 2 and grandfather of Appellant and other original accused Santosh Jadhav was residing in room no. 5 of Shiv-Bhuvan Chawl, Datta Mandir Road, Malad (E), Mumbai - 97. The accused persons were also residing along with deceased. For some period deceased was residing in his original place of residence i.e. in a decade of 70 's subsequently, along with his son he again returned back to Mumbai in the decade of 80 's. There was a dispute between the family members in regards to the room. The accused no. 2 who is the daughter of the deceased wanted the said room in the exclusive possession of her family whereas, the deceased and his son (brother of accused no. 2) were not in agreement with desire of accused no. 2. They used to be frequent quarrel between the family members on account of this issue.

(3.) Considering the material brought before the Court, the nature of offence and the relationship between the parties, we may only state that this is an incident reminding us the words of father of nation Mahatma Gandhi and he said that for need of human being enough is available but then there are no limits to the greed of human being.