DNYANESHWAR RAMDAS GADHVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal and the revision application are directed against the judgment and order dated 29-10-2004, passed by learned 2nd Ad-hoc Additional Sessions judge, Ahmednagar in Sessions Case No. 162/2003, whereby the appellants (original accused Nos. 2 and 3) have been convicted for the offence punishable under Section 302 read with section 34 of the Indian Penal Code and each of them is sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/-, in default to suffer further R. I. for one month. By the same judgment, the original accused No. 1 ramdas is acquitted. The original accused nos. 2 and 3 namely Dnyaneshwar and raghavendra @ Sopan have preferred appeal against their conviction while the revision application has been filed by the complainant, who is aggrieved by the order of acquittal of original accused No. 1 Ramdas.

(2.) The prosecution case, briefly stated, is as follows : the complainant Shivdas happens to be brother of the deceased - victim Shambhudas. Their father Shankar (examined as P. W. 12) happens to be real brother of original accused no. 1 Ramdas. Original accused Nos. 2 and 3 are the sons of original accused No. 1 Ramdas. The relations between Shankar, his son complainant Shivdas and deceased Shambhudas on the one hand and the accused persons on the other were strained. There were serious disputes between them over partition and allotment of portion of land Gat No. 1053. Though the land had been partitioned, their father, long back, amongst three brothers i. e. Shankar (examined as P. W. 12 - father of complainant Shivdas) and Ramdas (original accused No. 1) and the third brother, who was step-brother namely Pandurang, but the accused persons demanded reopening of the partition. Not only there was litigation but there were threats given by the accused persons for fulfilling their demands.

(3.) The incident in question took place on 12-7-2003 at about 11. 30 a. m. in the land gat No. 1053, known as "wagh-dara", situated at village Ranjangaon Mashid, Taluka Parner, district Ahmednagar. It is stated that shambhudas (deceased victim) , the brother of complainant Shivdas, accompanied by servant (Salkari) Narayan Sakharam Sidankar (examined as P. W. 9) , had gone to the field for carrying agricultural operations in the morning. Thereafter at about 11. 30 a. m. , Shivdas, the complainant went in the field along with meals for the victim Shambhudas and Salkari. He saw that Shambhudas (deceased) was being beaten by the accused persons. He also tried to separate the quarrel. The accused persons, it is stated, agitated and demanded as to why the complainant and his father and brother were not repartitioning the land. It is stated that, the original accused No. 2 Dnyaneshwar caught hold of Shambhudas and original accused No. 3 raghavendra suddenly took out a knife from his pocket and inflicted stab injury on shambhudas. On sustaining injury, shambhudas fell on the ground and the accused persons ran away from the spot. The knife which was used for the commission of offence was left on the spot.