STATE OF MAHARASHTRA Vs. DADA NANDRAM KORDE

JUDGEMENT

(1.) The accused Dada Nandram Korde was found guilty of the offence under Section 302 of the Indian Penal Code for committing the murders of his wife Rukminibai and his child Suresh aged 11/2 years by the AddI. Sessions Judge, Satara. The learned judge also sentenced the accused to death subject to confirmation by the High Court. The accused has challenged his conviction by filing the present appeal. Thus, both the reference for confirmation of death sentence and the appeal of the accused for quashing the conviction are before us.

(2.) The facts which have led to the prosecution are these. The accused is the eldest son of the complainant Pandaram Rama Korde (P.W. 3). Nandaram has five sons and three daughters. The sons are Dada, Dhananjay, Rustum. Ashok and Aba who is the youngest son. The daughters are Sinabai, Rangubai and Ranjana. Sinabai has taken sanyas and left the paternal home and is residing at the Landage Buva Maharaj Math premises in Phaltan. The second daughter Rangubai is married to one Babu Shinde of Phaltan and Ranjana is married in a family in Pune. Nandaram, his wife and sons are residing in a farm-house in the land Survey No. 410/2 within the limits of village Pharandwadi. This farm-house is at a distance of about 3 kms. to the western side of Phaltan town. The village Pharandwadi is nearer to Phaltan and lies at a distance of about two furlongs to the eastern side of the said land where the farm-house is situate. There is no other farm-house within the radius of about one km. of this farm-house. This land where the farm-house is located belongs to the family of Nandaram and is known as Tambmala. The accused who is a young man of about 35 years was first married to one Shevantabai. That marriage, however, broke down and ended in Shevantabai deserting the accused. From this wed-lock the accused got a male child which, (who sic) however, expired after about nine months of the birth. It appears that in the year 1977 Shevantabai had filed a complaint against the accused and her parents-in-law under Section 323 and 504 of the Indian Penal Code. The case, however, ended in acquittal on November 7, 1978. The accused remarried Rukminibai about two years prior to the unfortunate incident which took place on September 9, 1981, at the farm-house of the family. From this marriage the deceased Rukminibai gave birth to a son by name Suresh about I years prior to the incident. It is the case of the prosecution that Rukminibai was pregnant at the time of the occurrence. Deceased Rukminibai belongs to a village known as Piparad which is not far away from Phaltan town. Her parents are alive. Her mother is Rangubai (P.W. 6.) Rukminibai's uncle Ramchandra Rau Borate (P.W. 7) who is also a resident of Piparad has a fire-wood depot at Phaltan.

(3.) The map (Exh. 21) drawn by the Circle Inspector, Vas ant Pandurang Mane (P.W. 1) shows the different portions of the farm house. One portion which is occupied by Nandaram, his wife and his sons other than the accused has Mangalore tiles roof. The accused along with his wife and the child was residing separately at the material time. It appears that he was demanding from his father the partition of the landed property and in view of the differences he was residing separately from the rest of the family in a room adjoining the aforesaid portion of the farm house occupied by Nandaram. These two portions have separate entrances, but have a common wall of a height of about 4 feet with some open portion upto the roof. The cattle shed adjoins the portion occupied by the accused. It is the case of the prosecution that the relations between the accused and his deceased wife Rukminibai were not cordial. There were frequent quarrels between them and the accused started beating and illtreating her after about a year of the marriage. On one occasion she got annoyed and left the abode of her husband and went to her uncle Ramchandra Rau Borate. It is alleged that this incident occurred when Suresh was about 4 or 5 months old and 2 or 3 Weeks thereafter the accused, his father and his brother-in-laws ultimately had to go to Piparad and request her family members to send Rukminibai back to the accused. It is the case of the prosecution that one of the members of the party from the side of the accused even touched the feet of Nandaram and then Rukminibai was sent to the house of the accused. According to prosecution the strained relationship between the accused and his wife led to the murder.