BALASAHEB RAMRAO LATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The facts of this case are somewhat bizarre. The accused Balasaheb Ramrao Latkar ('Balasaheb') comes from a Saraswat family and his father had amassed considerable fortune, extensive agricultural properties as well as real estate in Kolhapur. The deceased Pushpa Bhosale was brought up in a dilapidated room in a chawl near the grass market beyond Parvati Talkies, by Hausabai who herself was a concubine of one Bhonsle, a motor-car driver. The parentage of Pushpa was a subject of some debate, but, be that as it may, Hausabai was, for all intents, her foster-mother. In her teens, Pushpa was apprenticed to a dancer, Manik Kalavantin, and being endowed with a pretty face, she excelled in the performing arts, with the result that she acquired some degree of eminence on Marathi stage and celluloid industry.

(2.) It appears that the debonair Balasaheb fell in love with Pushpa and as the lovers came from diverse social strata, the orthodox family of Balasaheb true to tradition, objected to this union, with the result that unlike other marriages of a family of the status of - Latkars which are generally celebrated with great pomp and pageantry, this marriage was solemnized in a simple manner at Narsobawadi. Members of the Latkar family did not attend. This was sometime in 1972 and Pushpa lived a happy conjugal life for some years. Initially they were blessed with a baby-boy who died within first week of his birth whereafter the stork did not visit the house. Pushpa gave up her acting and dancing career after the marriage, but lately for some inexplicable reason played a secondary role in a Marathi movie 'Bot Lavin Tithe Gudgulya'. The Latkars owned a three storeyed building at 569, E Ward, Yyapar Peth, Kolhapur, Shahupuri. After marriage, Balasaheb and his brother Dadasaheb effected partition of 569/E Ward, with the result that the northern half facing the road fell to the share of Balasaheb while the southern half was taken up by his elder brother Dadasaheb. As no love was lost between the brothers, the doors in the common wall were fastened not only by the standard method of lockrails but by iron straps securely bolted.

(3.) The northern portion of No. 569 was converted by Balasaheb for commercial purposes. The ground floor was utilised for running a hotel called 'Hotel Trishul' whereas, the second floor housed a lodge under a like name i.e. "Trishul Lodge". The floor had 5 rooms. Rooms Nos. 6, 7 and 8 were in a row while Room No. 9 abutted room No. 8, and was probably the best appointed room of that lodge. This room which was 15' x 12' in size, had a toilet and a bath making it a self-contained unit.