BHIVRAO KISAN KAKAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is charged for committing murder of Balasaheb Kisan Kakad and his wife Sangita Balasaheb Kakad on 02.07.2002 at about 3.30 p.m. in the farmhouse of deceased. The appellant was convicted for offence punishable under Section 302 of Indian Penal Code and sentenced to suffer rigorous imprisonment for life.

(2.) Prakash Waghmare (PW-6) Police Patil of village Tilapur, Tq. Rahuri, Dist. Ahmednagar has filed complaint with Police Station, Rahuri on 03.07.2002 bringing to the notice of police the incident in question. The Police Patil accused the appellant for commission of crime.

(3.) In short background facts of the prosecution case are that Sangita - daughter of Bhausaheb Nagare (PW-10) was married with deceased Balasaheb on 16.11.1997. They were blessed with a son who at the relevant time was three years old. Both the deceased and the appellant/accused were staying in their respective farmhouses and were adjacent neighbours. Their agricultural lands were situated in village Tilapur. The prosecution alleges that the relation between the deceased and the appellant were not cordial. Due to fear of the appellant at one point of time the deceased husband and wife had shifted their cows and domestic articles to Ghogargaon, Tal. Newasa and stayed there in the house of sister of deceased Balasaheb. The relations intervened and tried to convince both the brothers not to quarrel. The prosecution case is that deceased Balasaheb was residing in a hut constructed in block No. 78/2 and the appellant was staying in the neighbourhood of the deceased in land block No.258. Gat No. 260 of the said village belongs to star prosecution witness Gokul Laxman Kakad (PW-7). To the East side of farmhouse situated in block No.78/2, there is farmhouse of Raybhan family, which according to the prosecution is situated at a distance of 500 to 700 fts. Adjoining to the land of block No.258 and 78/2, admeasuring 2 acres each, there is land owned by Gokul Kakad (PW-7). At a distance of 500-700 fts. from the spot of incident, there are other huts and fields owned by other persons. The deceased and the appellant/accused used to ordinarily reside in their farmhouses. Tilapur village comes under command area of Mula irrigation canal. The agriculturists of this area used to take sugar-cane crops along with other crops. From the evidence on record it seems that the agricultural lands were fertile in nature and had irrigation facility.