SIDHARTH @ SIDDYA SITARAM JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against the judgment and order of Sessions Case No.35/1999 which was pending in the Court of the learned Additional Sessions Judge, Amalner, District Jalgaon. The appellant is convicted for offence punishable under section 302 of the Indian Penal Code and he is sentenced to suffer imprisonment for life. Both the sides are heard.

(2.) In short, the facts leading to the institution of the present proceeding can be stated as follows. Deceased Prakash Patil was a brother of the first informant. Prior to the date of incident, the deceased used to sell drinking water in railways. He was living with his brother and other relatives at village Bharwas, Tahsil Amalner. One Shankarlal Thakur was doing business of selling tea in railways. Present appellant Sidharth was resident of Mill Chawl Amalner and he was working with Shankarlal Thakur. He was appointed on daily wages and he was selling tea supplied by Shankarlal Thakur in railways everyday. He was expected to give account of the tea sold and hand over the money collected by him by selling the tea. As the appellant was not giving correct account and Shankarlal Thakur was not happy with his work, Shankarlal Thakur stopped giving him the work from 20-4-1999. Due to that the appellant had no work.

(3.) On 22-4-1999, the date of the incident, Shankarlal Thakur gave the aforesaid work to deceased Prakash Patil. On 22-4-1999 Prakash collected the tea and started selling the tea in railways by travelling in the railway upto some distance. Due to employment of the deceased by Shankarlal, the appellant became angry. Further, the appellant had given hand loan of Rs.25 to the deceased and so the appellant became more angry as he was thinking that he had helped Prakash but due to Prakash he had lost his job.