VILAS DINKAR MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 31st January 2003 passed by the 1st Ad-hoc Addl.Sessions Judge, Sangli in Sessions trial No. 70 of 2002, the appellants named above have preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us.

(2.) With the assistance of the advocate for the appellant and the Addl. Public Prosecutor we have reappreciated the evidence oral and documentary and from the reappreciation the prosecution story reveals as under:

(3.) Accused Vilas and deceased Vinayak are residents of village Kavalapur near Sangli. Their families are also residing at Kavalapur. Deceased Vinayak is having brothers, Vikas and Vaibhav. He is also having sister namely Sunita Rohidas Kavale who is wodow. It is the case of the prosecution that accused Vilas was having illicit relations with Sunita and on that count there were frequent quarrels. On 14-11-2001 there was quarrel on that count at bus stop between Vilas and Vinayak and Vaibhav. Deceased VInayak and his brother Vaibhav had assaulted accused Vilas on that count. However quarrel ended there itself.