KASHINATH SHARWAN SAHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All the three accused were convicted by the Additional sessions Judge, Gadchiroli for having committed offence under Section 302 read with section 34 of the Indian Penal Code. They were sentenced to suffer life imprisonment and to pay to pay fine of Rs. 500/-, in default to suffer S. I. for six months. All the appellants hereinafter shall be referred to as accused.

(2.) The facts giving rise to this appeal are as under. One Kausalyabai was living at village kadoli with her son Lomesh. She has another son by name Janardhan, who is accused no. 3 and who lives separately. It is alleged that accused that accused nos. l and 2 were residing just infront of the house of the deceased kausalyabai. Accused no. 2 Shalini was the member of Bachat Gat Deceased Kausalyabai was also member of the Bachat Gat. The relations between accused no. 3 Janardhan, son of the deceased, and Kausalyabai were strained on account of the fact that deceased kausalyabai used to provide meals to indarsing. This was not liked by accused no. 3 Janardhan. Accused nos. 2 and 3 were under the impression that Pramilabai, accused no. 2, was removed from the membership of Bachat Gat due to complaint made by deceased Kausalyabai.

(3.) It is alleged that a few hours prior to the incident accused no. 3 Janardhan had come to the place where a meeting of the:bachat gat was going on. Accused no. 3 assadlted his mother Kausalyabai there. The people tried to intervene and tried to pursue the accused no. 3 not to assault his mother.