IRAPPA MADHAVRAO TONDARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 406/1998 has been filed by the original accused No. 1 Irappa Madhavrao Tondare against his conviction under Section 304-II of the Indian Penal Code, 1860 (IPC in brief) by Additional Sessions Judge, Latur in Sessions Case No. 131/1995.

(2.) In short, the facts leading to the filing of these appeals may be stated as under:-

(3.) Advocate Shri Dhorde has taken us through the oral and documentary evidence of witnesses. It is argued that once the measurement of the field of Nagnath and accused Irappa had been done, there was no cause left between accused Irappa and deceased Nagnath to have a quarrel. The incident started when another neighbour Vishwanath Tondare asked for measurement of the boundary shared by him and accused Irappa and it happened that the "Nitoba" drawn showed that accused Irappa would lose about 5 ft. of land. Thus, according to learned Advocate, even if this was said to be true, that would not be any reason for accused Irappa to quarrel with Nagnath. It is argued that, case of the prosecution is doubtful as the F.I.R. is not proved. There was no recovery of any instrument from accused. The Advocate submitted that the case has not been proved beyond reasonable doubts.