YUVRAJ KESHAV MANDGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Appeal has been filed by the original accused challenging his conviction for the offence punishable under Sec. 302 of the Indian Penal Code in Sessions Case No.399 of 2016 on 2/8/2017 by the learned Additional Sessions Judge, Ahmednagar.

(2.) Before we proceed to consider the facts in dispute, the facts which are not in dispute are taken note of. PW-1 Jitendra @ Haribhau Keshav Mandge is serving in Police Department. He is resident of Patil Vasti, Pimpri Gavali Shivar, Taluka-Parner, District-Ahmednagar. It is also not in dispute that on the date of the First Information Report (for short 'FIR') i.e. 15/8/2016 he was attached to Shirur Police Station, District-Pune. Present appellant is his real brother. Both of them were married, however, on the date of incident the wives of both the brothers were not cohabiting with them. Informant Jitendra, accused Yuvraj were residing with their mother Tarabai and grand-mother (mother's mother) Anusaya Rajaram Haral. Accused was employed in Military since 2002 and on the date of incident he was posted at Kargil and he had come on leave for about 15 days. Their father Keshav expired on 27/5/2014. They have a sister by name, Manisha Pradeep Ithape, who is married.

(3.) The prosecution has come with the case that on 15/8/2016 around 15.40 hours PW-1 Jitendra lodged FIR with Supa Police Station, District-Ahmednagar stating that the agricultural lands were partitioned after death of their father. Around 14 acres land stands in the name of the informant himself, 15 acres land stands in the name of the accused and about 8 to 9 acres of land was in the name of mother Tarabai. Some land was still in the name of their deceased father. After death of father, when accused came on leave, he was insisting Tarabai that she should partition the land which is in her name. He had quarreled with the mother on that count. Accused had also quarreled with mother on 13/8/2016 in the evening as the mother had not served warm Sabji (vegetable). He had not taken dinner and slept in that way. PW-1 Jitendra started around 6.00 a.m. on 15/8/2016 for flag hoisting on the occasion of independence day, in his Maruti Car towards Shirur. Tarabai, grand-mother and accused were the only persons in the Bungalow in the field. When Jitendra was returning after the ceremony, he received phone call on his Mobile given by his brother-in-law Pradeep around 9.27 a.m. Pradeep told him that there was dispute between accused and Tarabai and since then i.e. 7.00 a.m., mother is not in the house. Informant reached the farm house and called his driver Avinash Bandal for searching mother. When informant was changing his uniform, accused asked him for nail cutter. It was provided by the informant. After changing his clothes when he came outside, his grand-mother was crying in the porch. Informant asked brother i.e. accused, whether there was quarrel between him and mother and where is mother. Accused did not see towards the informant but told that there was no quarrel between them and he is not aware where mother is. Informant asked the grand-mother where the mother is and at that time grand-mother was crying and not speaking anything. Thereafter informant and his driver Avinash took search of Tarabai and they could find her at a distance of about 50 ft. in the crop of maize in supine condition. The clothes on her person were not in order. They went near her and found that there were scratch marks on her face and neck. The face was swollen and blood mixed liquid was coming out of her mouth. They confirmed that she is dead and therefore, brought her inside the house. At that time the accused told that the postmortem should not be performed but the last rites should be immediately done. Therefore, informant raised suspicion and asked accused as to whether he has committed murder of mother. Accused did not talk to him at that time and went away from the house though informant was asking him to wait. Therefore, the informant got confirmed that accused has committed murder of mother on the ground that she should give the land in partition.