RONKYSINGH BAHADURSING RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE family property dispute resulted into the death of Mangalsingh. The appellants No. 1 to 3, the nephews were charged for the same offence punishable under Section 302 r/w section 34 of Indian Penal Code, The Additional Sessions Judge, Kalyan, by the impugned judgment dated 30/8/2000 convicted all the appellants-accused and sentenced to suffer imprisonment for life and to pay fine of Rs.20,000.00 each and in default of payment of fine they should suffer rigorous imprisonment for three years. It is also ordered that out of the total amount of the fine, Rs.50,000.00 be paid to Smt. Satwantkaur, the widow of deceased Mangalsingh Rathod by way of compensation. Therefore, this appeal against the order of conviction.

(2.) THE complainant P.W. 8, Babisingh Rathod has three brothers. Bahadursingh, deceased Mangalsingh and Balvantsingh. They resides in the same loacality. Babisingh resides in the adjoining flat. Mangalsingh, "the deceased" was residing in the adjoining flat. Bahadursingh, with has six sons resides behind Mangal Kirana Stores, Shivaji Chowk, Ulahsnagar, District Thane. The appellants 1 to 3, are the three sons of Bahadursingh, reside with him. All these family members are dealing in the business of plumbing and building material.

(3.) ON 2nd June, 1998, at about 1.05 p.m. the complainant lodged a complaint, which was registered as Cr.No.I-56/1998 for the offence punishable under Section 302 of Indian Penal Code. Mr. Mane (P.W. 19) directed to P.S.I. Mr. Kharche to proceed to Central Hospital and to draw the inquest panchanama (Exh.18) of the dead body of the Mangalsingh. It was accordingly, drawn and dead body was sent for autopsy. One P.I. Mane (P.W.19) also drawn a panchanama of the scene vide Exh.49 at the house of Bahadursingh and the place where the deceased was collapsed. The blood stains of the various spots were collected. The photographs of the articles (P2 to P4) were also taken including of the place of occurrence. There is open space between the houses of sons of Bahadur Singh and house of Bahadursingh. The motor bike was parked at the Mamta Kirana Stores, only shop on the main road.