TATOBA RAMA GAWADA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, Tatoba, was convicted by the Additional Sessions Judge, Kolhapur, on January, 17, 1973, under section 302 , read with section 34 of the Indian Penal Code, on a charge that he and one Dattu Ganu Patil, committed murder of one Devaji Tatoba Patil.

(2.) All of them belong to village Mhalunge, Taluka Chandgad. The incident is alleged to have taken place in the land, bearing R.S. No. 22, popularly known as Tagache Sheth, at about 5-00 P.M. on June 4, 1972. The prosecution case rested entirely on the previous history of quarrels and enemities between the deceased Devaji and the accused, and the evidence of a girl aged 16 when she gave evidence in Court, P.W. No. 8, Sundara Appa Gavada.

(3.) The conviction is challenged before us mainly on the ground that this child witness could not believed by the learned Judge having regard to her conduct in not telling anyone anything about the incident, not even to father till her father was taken to the Police Station, in connection with the investigation of the murder of Devaji.