SARJERAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original accused nos. 1, 2 and 3, who stood convicted by learned Additional Sessions Judge-4, Aurangabad in Sessions Case No. 375 of 2011 for commission of offence punishable under Sec. 302 r/w 34 of the Indian Penal code (IPC), are hereby assailing the said judgment and order of conviction dtd. 19/9/2014 by invoking Sec. 374 of the Code of Criminal Procedure (Cr.P.C.). During pendency of this appeal, accused-appellant no.1 Sarjerao died. Hence, vide order dtd. 9/3/2021, the appeal stood abated to his extent.

(2.) Accused no.1 Sarjerao and his wife accused no.3 Phulabai had two sons, namely, Laxman (accused no.2) and deceased Dnyaneshwar. Wife of deceased Dnyaneshwar stayed with accused persons and her husband for six to seven months only. Thereafter she left deceased and went to her parents' house. Wife of accused had instituted proceedings and she wanted her husband to have distinct share in the land. Therefore she had left company of husband Dnyaneshwar and was put up with her parents. Dnyaneshwar was keen in bringing her back for cohabitation and this was precisely opposed by accused persons.

(3.) In the above backdrop, on 30/6/2011 accused nos. 1 to 3, i.e. parents and brother, beat Dnyaneshwar in their own house and all three of them strangulated him with a rope and committed his murder. Neighbour PW1 Bhimrao Kale set law in motion alleging that he heard shouts and cries of deceased from the house of accused. Deceased was screaming for help. Door of the house of accused persons was closed from inside. After short time, accused appellants only came out of the house. Informant and neighbours entered the house and saw Dnyaneshwar lying on the cot with strangulation mark and blood oozing from his ear. On the strength of above information, FIR was lodged and investigation was entrusted to PW8 API Budhwant, who carried out investigation which included arrest of accused, drawing spot panchanama, inquest panchanama and causing seizure under Sec. 27 of the Evidence Act. After gathering sufficient evidence, PW8 API Budhwant chargesheeted accused persons for commission of offence under Sec. 302 r/w 34 of IPC.