DINESH GANESH DESHPANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal has been filed against the judgement and order dated 2-1-1989 passed by learned Sessions Judge, Jalna in Sessions Case no. 70 of 1988, thereby the appellants, original accused Nos. 1 to 3 are convicted for the offence punishable under section 304 Part II read with section 34 of I. P. C. and are sentenced to suffer rigorous imprisonment for seven years and to pay file of Rs. 1,000/- each, in default, to suffer rigorous imprisonment for one year.

(2.) DURING the pendency of this appeal, original accused No. 3 appellant no. 3 died and the appeal against appellant No. 3 has abated.

(3.) THE prosecution case runs as follows : the appellants resided on the ground floor of a house belonging to deceased radhabai. Deceased Radhabai, landlady, resided at the first floor. On 29-2-1988 early morning there was quarrel between deceased Radhabai and mangesh, the youngest brother of present appellant and son of original appellant No. 3 (died during pendency of this appeal ). It appears that Mangesh had opened the tap resulting in stoppage of flow of water on the ground floor. Radhabai came down and desired that the water tap must be shut so that she could get water at the first floor. Mangesh, it appears that was reluctant and water ensued. In the meantime, present appellants and their father also arrived and there was hot exchange of words which culminated in fight. Mangesh appears to have gone inside house and brought knife and dealt a blow by knife on the body of deceased. Radhabai who had sustained bleeding injury by knife and other injuries, was rushed to General Hospital, Jalana. Thereafter, while being removed to Ghati Hospital, Aurangabad she died. Before her death, statement of Radhabai was recorded by Head Constable Deorao Shejval (P. W. 14.), Kadeem Police Station, Jalana. This was treated as F. I. R. offence punishable under section 302 read with 34 of I. P. C. came to be registered and after investigation, charge-sheet came to be filed and the case came to be committed in the Court in usual manner. The present appellants alongwith their brother Mangesh and their father Ganesh Deshpande, came to be tried before learned Sessions Judge.