BABU BHIKA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgement and order dated 7-5-83 passed by the Additional Sessions Judge, Nashik in Sessions Case No. 109 of 1982 convicting and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 500/- in default to suffer R. L for three months under S. 302, IPC has come up in appeal before us.

(2.) BRIEFLY stated the prosecution case runs as under :-The informant Sitabai Trimbak Bahirat PW 11 was the wife of the deceased. PW 15 Punjabai was her daughter. PW 14 Indubai and PW 16 Drupadabai were her nieces, being the daughters of Nivrutti, the real brother of the deceased. It is alleged that there was some litigation in respect of land between the appellant and the deceased. On the date of the incident i. e. on 17th May 1982 at about 8-8. 30 p. m. the deceased Trimbak left for the house of one Damu Bhika PW 17. About half an hour to one hour later Indubai, Punjsabai and Drupadabai heard cries of Trimbak run, run. There upon they run and in front of the house of the appellant, which was situate very near their own house, they saw the appellant and six acquitted accused viz. Bhausaheb Babu Jadhav, Eknath Bhika Jadhav, Ramesh Eknath Jadhav, Sada Mahadu Ghule, Gangadhar Rambhau Gurule and Sada Eklaharekar assaulting Trimbak with sticks. The appellant and others also assaulted them. They killed Trimbak on the spot. Immediately after the incident Indubai ran towards the house of Yeshwant Patil where Sitabai PW 11, the wife of the deceased had gone. It is alleged that she had gone there on account of Yeshwant Patils death. At a distance of about 50 feet from Yeshwant Patils house she met Sitabai and informed her about the death of the deceased. Thereafter along with Sitabai she came to the place of the incident. There Sitabai discovered that her husband Trimbak was dead. One Popat Bahirat was at that place. Seeing the corpse of the deceased Sitabai became unconscious and fell down sustaining a head injury in that process.

(3.) THE FIR of the incident was lodged by Sitabai Bahirat at Police Station Wai on 18-5-1982 at 7-10 a. m. A case on the basis of the FIR was registered as C. R. No. 35 of 1982 by PSI Vishram Patil.