SURESH GANPAT KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants were charged for having committed murder of Bhagwan Shamrao Patil, in furtherance of their common intention on 10th July, 1997 at about 10 A. M. , and were tried for having committed offence under section 302 read with section 34 I. P. C. By the 2nd Additional sessions Judge, Wardha, and by the judgment and order dated 23rd February, 1999, came to be convicted for offence punishable under section 302 read with 34 of I. P. C. , and sentence to suffer imprisonment for life. It is this judgment and order of conviction and sentence, which is the subject-matter of this appeal.

(2.) IN nutshell, it is the prosecution case that on the day of the incident, the deceased Bhagwan Shamrao Patil who was the resident of Mouza Nagzari was invited by the appellants to their house about 10 O'clock. The appellants and victim's families are residing in the adjoining houses and were distantly related to the deceased. Their relations were strained over the 3 acres of agricultural land owned by Anusayabai, mother of the deceased Bhagwan, which was given for cultivation on contract initially to one Kamlabai and thereafter to one Udehban. Appellant/original accused No. 3 Gangabai actually wanted to cultivate the land of Anusayabai, but Anusayabai had refused to give the said land to her and, therefore, there was a quarrel between Kamlabai and appellant original accused No. 1 Suresh and accused No. 3 Gangabai, with the deceased Bhagwan. On the next day of the quarrel, it is alleged that the deceased Bhagwan was abusing the accused persons. On this, the accused persons called Namdeo Adkane (P. W. 3), their neighbour and told him that deceased was abusing them and he should stop the deceased. On this namdeo assured them that he had already pacified Bhagwan at his house in the morning, but on the request of the accused person, he again visited the house of deceased Bhagwan and asked him not to quarrel and waited, there till his wife and daughter returned home. Therefore, Namdeo informed wife of the deceased about the altercation between the accused and the deceased and asked her to attend Bhagwan and the deceased Bhagwan also agreed not to quarrel with the accused.

(3.) ACCORDING to the prosecution, the accused persons thereafter invited bhagwan to have tea with them and taking advantage of the situation, the appellants accused Bablu and Smt. Gangabai held deceased Bhagwan and suresh struck him with an axe on his neck. After striking Bhagwan, Suresh tried to run away from the scene of occurrence, whereas accused Bablu and gangabai followed him till Bhagwan reached his house and fell down. This incident was witnessed by Kavita daughter of Bhagwan, who came out as she saw her father coming towards the house in an injured condition followed by the accused persons. Deceased Bhagwan fell on his daughter Kavita who made him lie on the ground. In the mean time, Kavita's aunt brought water and gave it to deceased Bhagwan, after which Bhagwan died.