GANESH MAHADEO YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The original accused is challenging his conviction by learned Additional Sessions Judge, Majalgaon, Dist. Beed on 11/4/2017 in Sessions Case No.37/2015 by filing this appeal under Sec. 374 of the Code of Criminal Procedure, 1973, whereby he has been held guilty and sentenced for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 for committing murder of his brother-in-law.

(2.) PW 7 Vasant Devidas Raut, r/o Kanadi Mali, Tq. Kaij, Dist. Beed is the informant. Deceased Ravikiran, aged 16 was his son. Present accused is son-in-law of PW 7 Vasant. Present accused got married to PW 9 Manjusha, whose name appears to have been given as 'Manjushri' in First Information Report, about five years prior to 13/4/2015. It is also revealed from the record that accused is the son of real sister of PW 7 Vasant. Further, it is not in dispute that on the date of First Information Report accused and PW 9 Manjusha were having daughter aged 3 and she was pregnant on the second occasion and at the time of her deposition it has come on record that the second child is also a daughter. Accused is resident of Jadid Jawla, Tq. Majalgaon, Dist. Beed.

(3.) With above said admitted facts it is the prosecution case that PW 7 Vasant lodged First Information Report on 13/4/2015 with Majalgaon Rural Police Station stating that he has three daughters and one son. His second daughter Swati's marriage was fixed after about three years after marriage between Manjusha and accused. Since then the accused started saying that in fact he wanted to marry Swati. He told said fact to his wife as well as wife of PW 7 Vasant. However, nobody took it seriously and then gave advise to accused. Thereafter, Swati's marriage took place, but accused was angry with the said act. He used to tell Manjusha that his marriage has not been performed with Swati and, therefore, either he would kill Manjushri or Ravikiran and he would also commit suicide. Thereafter the engagement ceremony of third daughter of PW 7 Vasant was arranged on 9/4/2015 at Kanadi Mali and, therefore, all the near relatives were called. After the ceremony on the next day morning accused told that he wants to go to his sister's place at Mochi Pimpalgaon, Tq. Beed and, therefore, Ravikiran should be sent along with Manjusha to Jadid Jawala. He then left. Therefore, Manjushri @ Manjusha was sent along with deceased Ravikiran on 12/4/2015. Around 8.00 p.m. informant received message from Jadid Jawla that Ravikiran and Manjushri had reached there and Ravikiran would go back on the next day. On the next day i.e. on 13/4/2015 informant and his cousin brother Namdeo were in their field. Around 4.00 p.m. Namdeo received phone call from accused stating that he has murdered Ravikiran to whom they were calling as 'Bhaiyya' and after murdering him, he has thrown him on the road near field. He is proceeding to surrender before Police at Beed and, therefore, they should not wait for Bhaiyya to come. Namdeo then made a phone call to their relative Shivaji Yadav from Jadid Jawla to confirm the fact. Shivaji confirmed the fact and then the informant went along with his relatives to the spot. They found the dead body of Ravikiran and thereafter informant lodged the First Information Report.