VASANT VITHU JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE these connected criminal Appeals arise out of the same set of facts and a common Judgment, we propose disposing them of by one Judgment.

(2.) VIDE Judgment and Order dated 31-3-1984, passed in Sessions Case No. 92 of 1983, the additional Sessions Judge, Sangli, acquitted the accused for a charge under section 307, Indian penal Code and instead, convicted and sentenced him to undergo a separate sentence of 1 year s r. I. under sections 324, Indian Penal Code and 27 of the Arms Act. The said sentences were directed to run concurrently. The accused aggrieved by the said conviction and sentence has preferred Criminal Appeal No. 335 of 1984. The appellant-The State of Maharashtra, in criminal Appeal No. 525 of 1984, aggrieved by the acquittal of the respondent for the offence under section 307, Indian Penal Code, has impugned the said acquittal by preferring an appeal under section 378 (1), Criminal Procedure Code.

(3.) BRIEFLY stated the prosecution case runs as under : The victim Vilas Jadhav, PW 2 was cousin of the accused Vasant Jadhav, Both of them at the time of the incident, were serving as Police constables in Sangli. It is alleged that there was a long standing enmity between them. The evidence of Vilas Jadhav is that he and his family members on the one hand and the accused and his family members on the other were not on talking terms since 1975. On 2-7-1983, Vilas s brother Bhagwan was married. In the said marriage, family members of the accused were not invited. It appears that they took affront to this. It is said that about 2? months prior to the incident, father of the accused had given a feast in the name of the deity, wherein despite being invited, Vilas s family members, did not join. This appears to further soured the relationship. It is further alleged that on 16-7-1983, when vilas and his relation Shankar Kikade PW 9, were returning from roll call to their rooms, the accused came from behind on a cycle and sought an explanation from Vilas for not calling him at his brother s marriage and for not attending the feast which, he (accused) had given in the honour of the deity. He threatened to kill Vilas in two days. Thereafter, he went away on a bicycle.