STATE OF MAHARASHTRA Vs. BHANUDAS SOMMANNA SANGOLKAR

JUDGEMENT

(1.) THE appellant, aggrieved by the Judgment and Order dated 26th August, 1983 passed by the Additional Sessions Judge, Sangli, in Sessions Case No. 16 of 1983, acquitting the respondent for an offence punishable under sections 302 r/w 34 I. P. C. and 201 r/w 34 I. P. C. , has come up in appeal before us. It is pertinent to point out that alongwith the respondent, his two real brothers Jyoti Somanna Sangolkar and Hariba Somanna Sangolkar were also tried, but they have been acquitted vide the impugned judgment.

(2.) BRIEFLY stated, the prosecution case runs as under :

(3.) THE evidence of Krishna Kshirsagar (P. W. 14) is that, since it was raining and wind was blowing, he was walking hurriedly flashing his torch. In torch-light he saw the respondent assaulting Jaywant with an axe on the bandh. He also saw that the acquitted accused were standing by the side of bandh. Jaywant fell down on the ground as a consequence of the assault. His son Appa was with him. When he flashed his torch, the respondent threatened him saying that he should not disclose the fact to anybody else and if he did so, he would suffer the same fate. From the evidence of this witness, it appears that, Appas murder was not committed in his presence. On account of the warning given by the respondent, Krishna Kshirsagar came to his house and did not move out for 3 days.