STATE OF MAHARASHTRA Vs. VITHAL PANDURANG BHAGAT

JUDGEMENT

(1.) This judgment will dispose of Confirmation Case No.1 of 1984 and Criminal Appeal No.174 of 1984.

(2.) Appellant Vithal Pandurang Bhagat is convicted by the Additional Sessions Judge, Amravati for offence under S.302 of the I.P.C. for having committed the murders of Nanibai. Shantabai and Bhimabai on 25th Nov. 1983 at about 3-30 P.M. in the field Survey No.154/1 of mouza Nimbhora-Delwadi, district Amarvati. This spot is about 3 miles away from village Tiwasa.

(3.) According to the prosecution, deceased Nanibai was the wife of the appellant, the marriage having taken place in Gandharv form on or about the 24th Feb. 1983. Nanibai was the daughter of Mahadeo Abaji Nakhale (P.W.12). He was the resident of village Tiwasa, district Amravati. Deceased Shantabai was the wife of Mahadeo (P.W.12). The appellant was also residing at village Tiwasa at the time of the incident. After his marriage with Nanibai he had shifted to the house of his father-in-law, where he stayed for about two months. There used to be frequent quarrels between them and hence Mahadeo asked them to leave his house. They accordingly left his house and went to reside in the house of one Nilubai, where they stayed for about two months and then they went to reside in the hutment area. The prosecution has placed on record the copy of the Sanha entry dt. 3-11-1983 (Ex.50) which shows that Mahadeo had reported to the police that the appellant often drinks wine and gives abuses and threatens to beat him. The Sanha entry further recites that Mahadeo is being constantly troubled by the appellant.