STATE OF MAHARASHTRA Vs. DAMODHAR KISAN RAUT

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No. 297 of 1980 and Criminal Revision Application No. 248 of 1980.

(2.) The Criminal Appeal preferred by the State of Maharashtra is directed against the acquittal of the two respondents of the offence punishable under section 302/34 Indian Penal Code, and of accused No. 2 Waman of the offence punishable under section 201 Indian Penal Code.

(3.) The victim of the offence is one Anantrao Laxmanrao Shende. He was serving as a Head Master of Dnyanodaya High School, Nagpur, and was residing mostly at Nagpur. He owned some agricultural land and a farm-house at village Parsodi and he often used to visit this village to look after the cultivation. This farm-house, referred to as bungalow in the evidence, was about one furlong away from this village. Both the accused are residents of this village Parsodi. The nearest Police Station for this village is Dighori which is at a distance of one mile. Dighori is the first Railway Station from Nagpur. One Maroti, who died during the investigation, was the trusted servant of deceased Anantrao. In fact, he used to look after the cultivation of Anantrao and was also brought up by him from childhood.