BALYA PRAMOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this criminal appeal, the appellant/accused Balya Pramod sb Shankarsing More, challenged his conviction and sentence awarded by the learned Turd Addi. Sessions Judge, Wardha, on 29-10-1994 in Sessions Trial No. 95192 for the offence punishable under Section 302 of the Indian Penal Code, sentencing him for life imprisonment.

(2.) THE facts, in brief, giving rise to the prosecution case are as under: Smt. Tarabai (P. W. 1) was originally the resident of village Yeoti of Arnravati district. She left her village Yeoti and came to Arvi about 2 years before the incident of missing of her son Dharmendra i. e. on 4th December, 1987. According to the prosecution, Smt. Tarabai and her husband sold house and belongings of their native place at Yeoti and started living at Arvi alongwith two sons and three daughters. Smt. Tarabai and other members of her family started living in one portion of the house of her mother. The other portion of the house was occupied by her sister viz. Manda-the mother of the accused. The said Manda was residing with her husband Shankarsing More (P. W. 3) and the accused Balya Pramod. Smt. Tarabai used to work as a maid servant in the house of one Narayanrao Kale and as a peon in his College. Her husband Shri Kailash was working in the field of one Dadasaheb Kadam.

(3.) THE deceased Dharmendra a boy of 16 years of age who had studied up to 8th standard, being the eldest son, to help the family, he was working as labourer. It is alleged by the prosecution that the accused used to consume liquor and threaten P. W. 1 Tarabai and other members of her family directing, them to vacate the room occupied by them. The prosecution alleged that the accused wanted to take possession of the entire house. The accused, his mother and father disliked Smt. Tarabai and her family members should reside in the portion occupied by them. Consequently, the accused used to administer threats to Smt. Tarabai and other family members to the effect to kill as well engaged in defaming the daughter of Smt. Tarabai (P. W. 1 ).