STATE OF MAHARASHTRA Vs. BABURAO TUKARAM JADHAV

JUDGEMENT

(1.) THE appellant aggrieved by the order dated 19-9-1990, passed by the Sessions Judge, Ratnagiri in Sessions Case No. 23 of 1990, acquitting the respondent under section 302 I. P. C. , has come up in appeal before this Court.

(2.) THE prosecution case in brief is as under : the deceased Balaram Tukaram Jadhav was the real brother of respondent. The deceased, his brother Dashrath Jadhav P. W. 4 and the respondent were living in separate portions of the same house, in village Khatloli. In one portion of the house, deceased Balram and his wife Anita Balram Jadhav P. W. 2 were living. In another portion of the same house, P. W. 4 Dashrath Tukaram Jadhav and his wife Sangita Dashrath Jadhav P. W. 3 were living. The respondent is alleged to have been living along with his mother in the third portion of the house. On the night of 31-1-1990, there was a quarrel between the deceased Balram and his wife P. W. 2 Anita Jadhav. It is said that next morning, the respondent questioned Balram as to why he was abusing them. Balram is alleged to have replied that he was not abusing them but, was abusing his own wife. It is said that this infuriated the respondent so much that he threatened Balram with dire consequences.

(3.) ON 1-2-1990, deceased Balram returned home after doing his work. After taking his food, he went out and thereafter, returned home at about 11 p. m. Thereafter, Balram along with his wife Anita, P. W. 2 two daughters and one son, slept in the oti. A lamp is alleged to have been burning there. At about midnight, it is said, that respondent came there and inflicted stick-blow on the head of Balram resulting in Anita waking up. Anita is said to have shouted hearing which, Dashrath P. W. 4 and his wife Sangita P. W. 3 are alleged to have come and seen the respondent coming out from the place of the incident and running away. It is also alleged by the prosecution that about 10 minutes later, respondent told Dashrath P. W. 4 that he killed Balram.