RAMA ABAJI JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original accused nos. 1, 3 and 4 [appellants in Criminal Appeal No. 572 of 2016] and original accused no.5 [appellant in Criminal Appeal No. 581 of 2016] are hereby invoking Sec. 374 of the Code of Criminal Procedure [Cr.P.C.], thereby taking exception to the judgment and order of conviction passed by learned Additional Sessions Judge-1, Jalna dtd. 17/8/2016 in Session Case No. 66 of 2014, convicting them as under:

(2.) Here, even State is challenging the order of acquittal of accused nos.1 Rama, 2 Digambar, 4 Jyoti and 5 Rani from charge under Sec. 302 of the Indian Penal Code [IPC] by preferring Criminal Appeal No.125 of 2017 and simultaneously, father of deceased is also challenging the order of acquittal from charge under Sec. 302 of IPC to the extent of accused nos.1 Rama, 4 Jyoti and 5 Rani. PROSECUTION CASE IN TRIAL COURT

(3.) An event of celebration of Devi festival was organized at Morandi Mohalla on 29/11/2013. According to prosecution, sound system for the festival was arranged but there was dispute as to who should pay rent towards the amplifier and in such backdrop, there was quarrel between deceased and accused no.3 Chagan @ Rushi [hereinafter referred to as 'Rushi"]. The issue and quarrel was resolved and deceased Ganesh was taken back by his family members in the house. After a short while, accused no.4 Jyoti, [mother of accused no.3 Rushi], and accused no.2 Digambar [brother in law of accused no.3 Rushi] again visited house of deceased Ganesh and it is the case of prosecution that, he was allegedly abused by accused no.4 Jyoti challenging him to come to their house. So, around 7.00 p.m., Ganesh went to the house of accused. There, accused no.3 Rushi stabbed him in his abdomen, accused no.1 Rama inflicted blow with sword on his leg, whereas accused no.4 Jyoti [wife of Rama], accused no.5 Rani [wife of Rushi] and accused no.2 Digambar showered fist blows on Ganesh and as a result of said assault, he collapsed. Ganesh was shifted to hospital but, on examination, was declared as brought dead and therefore, PW2 Laxman [father of deceased Ganesh] set law into motion vide report Exhibit 51 on the basis of which instant crime was registered.