SHIVAJI SHANKARA ZAGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant impugns judgment of conviction rendered by 3rd Additional Sessions Judge, Satara on 30/9/2000, by which he has been sentenced to suffer imprisonment for life and fine of Rs.500.00 in default to suffer R.I. for three months, for having committed murder of his fathe0 - Shankar ("deceased").

(2.) The prosecution's story goes like this. Laxmi S. Zagde, wife of the deceased and mother of the appellant is the first informant. The prosecution's case is that the appellant hails from Zagade Mala, Mhaswad, Tal. Maan, Dist. Satara. At the relevant time, he was serving in Mumbai. Back in the village, his father and mother were staying. The appellant was working as Mason in Mumbai. His other brother namely Tanaji was also out of station for his livelihood. Gajanan was staying at Pandharpur, while younger brother Vijay was staying at Mhaswad. Father of the appellant was also working as Mason whenever work was available. Father of the appellant, however, was addicted to liquor.

(3.) The appellant had been to the village eight days prior to the incident. He noticed the deceased continuously abusing his mother under the influence of liquor which had become a routine. On the fateful day of 2/3/1997 around 8.30 a.m. the deceased had gone to Mhaswad. His mother (appellant's) was busy in cooking. Around 11.00 a.m. the deceased returned home under the influence of liquor and started abusing his wife on the ground that her behavior was improper and she should vacate his house. His wife however, told the deceased that she had four sons and she had no place to go at such an advanced stage. She also told her husband that she would stay with him only and he may do whatever he likes. The quarrel continued. The deceased, therefore, pounced upon his wife and started beating her. The incident continued till 4.00 p.m. By that time, the appellant returned home. He waited in the courtyard and heard the quarrel. He could not control himself. He intervened and asked the deceased as to why he was quarreling with his mother. The deceased asked the appellant his authority to question him. The deceased asked the appellant to vacate his house and pushed him away. The appellant too got up and pushed the deceased. The deceased fell down. The appellant then brought a stone and threw it on the head of the deceased resulting into bleeding injury. The deceased started groaning. Someone had gone to call the doctor. Dr. Prakash Deshmane arrived at the scene and after examining the deceased, declared him dead.