RAMA CHANDU KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is filed by all the three accused against their conviction. All of them were initially charged for offences under Section 302 read with 34 of IPC but accused No.1 Rama was acquitted of the offence under Section 302. He along with accused Nos. 2 and 3 came to be convicted under Section 324 read with 34 of IPC and they were sentenced to R.I. for one year and fine of Rs.10,000/- in default R.I. for three months. Out of the three accused, accused No.2 Vishwanath and accused No.3 Sanjay were convicted under Section 302 read with 34 of IPC and sentenced to imprisonment for life. Hence, this Appeal.

(2.) Name of the victim who was murdered in this matter is Ambadas. Deceased Ambadas was living along with his family members at his vasti, which was in the land within the revenue limits of Hotgi, Taluka South Solapur. At the time of the incident he was living with his son P.W. 12, two daughters Dhanubai, Gangubai and wife Sugalabai. Deceased Ambadas had three brothers, Rama Kale, Pralhad Kale and Vijay Kale, Pralhad Kale resides at Bombay, Rama Kale was serving in a factory while Vijay died on account of ill health prior to the incident. The incident took place on 22nd August 1999.

(3.) All the accused are related to Ambadas, accused No.1 is the cousin brother of deceased Ambadas and accused Nos. 2 and 3 are sons of accused No.1. All three of them were residing in their own Vasti in the revenue limits of Village Hotgi i.e. in the land Gat No. 488. The Vasti of accused is at the distance from Vasti of Ambadas. The distance in this case plays vital and important role.