FATTULAL KASAM MULLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The house of Pawars of Tadsar village is a divided one. Raising Annasaheb Pawar and Raosaheb Hair Pawar were cousins but spear headed two rival factions of the village. Gun-shots rented the peaceful atmosphere of this sleepy village and Raising was murdered on 14-12-1970. His cousin Raosaheb, Fattulal the present appellant and one Deshmukh were accused of the murder. Ironically, the life of Raosaheb Hari was claimed by a bullet in November 1976. Out of the three suspects, Fattulal was not traceable since the date of the incident. Raosaheb was no more which left only Deshmukh available for trial wherein he was acquitted. The long arm of the law reached Fattulal on 7-1-1979 at Karad and he was tried but acquitted.

(2.) The animosity between the groups of Pawars is reflected in the allegation that Lalsaheb, brother of Raising, had murdered Raosaheb. No progress could be made in the investigation of that matter as Lalsaheb also absconding.

(3.) Allegedly, Jaising Waghoji Zapate ("Jaising") the deceased in the present matter, belonged to Raisings group. Jaising had served a two years rigorous imprisonment term for assault on the son of Raosaheb with an axe. Jaising had also contested Gram Panchayat elections.