NAMDEO DAYARAM SONEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. R.M.Daga, Adv. for the Appellants and Mr.T.A.Mirza, Additional Public Prosecutor for the Respondent- State.

(2.) This criminal appeal is directed against the judgment dt. 21.8.2002 delivered by the 3rd Ad-hoc Additional Sessions Judge, Nagpur whereby the appellants are convicted for the offence punishable u/s. 302 read with Section 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for life and are also directed to pay fine of Rs. 500/- each. In default of payment of fine, the appellants are directed to undergo additional sentence of fifteen days each.

(3.) The case of the prosecution in nutshell is as follows : Appellant no.1 Namdeo Sonekar is son of the appellant no.2 Dayaram Sonekar and both the appellants were resident of village Rohana. Complainant Babybai Gaikwad (PW 1) at the relevant time was also residing at village Rohana and was neighbour of the appellants. Deceased Suresh was husband of complainant Babybai. It is alleged by the prosecution that Suresh gave hand loan of Rs.2,000/- to the accused for the purpose of carrying out agricultural operations and despite of repeated demands, the appellant/accused failed to refund the said amount. It is the case of the prosecution that, on the day of incident i.e. on 30.5.2000, complainant Babybai along with her neighbour had gone to attend dinner at the house of Kusum Taiwade at about 7.00 P.M. At about 8.00 P.M., the complainant has seen both the accused, who were present at the house of Kusum Taiwade and had also come for the dinner. At about 8.00 P.M., mother-in-law of appellant Namdeo namely Kaushalyabai visited the house of Kusum Taiwade and informed both the appellants that a quarrel between appellant Namdeo's wife Durgabai and deceased Suresh was going on at the place of incident. Both the appellants and Kaushalyabai left the house of Kusum Taiwade and started going towards the house of Kaushalyabai. Dinesh son of complainant Babybai heard the conversation between Kaushalyabai and appellants. Leelabai Gaikwad (PW 4) and Pralhad Gaikwad (PW 5), who were also present at the house of Kusum Taiwade, have noticed that the appellants left the house of Kusum Taiwade along with Kaushalyabai. It is the case of prosecution that Dinesh Gaikwad (PW-8), Leelabai Gaikwad (PW 4), Pralhad Gaikwad (PW-5), Babybai (PW 1) all left the house of Kusum Taiwade and started going towards the house of Kaushalyabai and while they were on their way, it was noticed by them that appellant Namdeo caused injury by Iron road and appellant Dayaram inflicted injury by axe on the person of deceased Suresh in front of their house. Deceased Suresh sustained injury on his head and blood was oozing out of the injury. Appellant Namdeo ran away from the spot towards Police Station whereas appellant Dayaram went to his house.