ARJUN HAN GAWAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A family dispute over the property between uncle and nephew took an unexpected but a tragic turn when the uncle lost his life as per the prosecution case. A small family lived at village Netarde in Sawantwadi taluka of Sindhudurg District. They owned Cashewnut plantation. The house is divided into three parts and all the three parts are occupied respectively by uncle -the deceased, nephew-the accused and one Sahadev. However, Sahadev has constructed his own house and had allowed the accused to use that portion of his house. There was dispute between the uncle and nephew over cashew-nut plantation. Though there was partition between uncle and father of accused still it was oral partition and it was not mutated in the record of rights. The accused was entertaining a belief that uncle in his absence was committing theft of cashew-nuts by encroaching on his land, This is more so because accused used to be serving at Dehu Road and therefore, it was easy for uncle to pluck the cashew-nuts in the plantation which fell to the share of the accused. On the basis of this grievance and belief the accused entertained a grudge which resulted in the incident that occurred on 3rd April 1984.

(2.) The incident is divided into two parts. The accused at about 1 p.m. or so went to the house of the deceased and started abusing him addressing uncle as thief. The uncle Raghunath was not present as he had gone to take bath in the streamlet. Laxmibai-wife of Raghunath who was present tried to pacify the accused and asked him as to why he was calling her husband as thief. The accused conveyed to her that he would continue to call him a thief obviously because he believed that Raghunath was plucking the cashew-nuts nefariously. By that time Raghunath returned to the house. The accused continued abusing him but he was pacified. However, the accused threatened that he would see to him if Raghunath again goes to cashew-nut plantation. The incident ostensibly closed at that.

(3.) However, it was not the end of the matter. At about 4 p.m. Raghunath along with his family members including wife Laxmibai and daughter Kunda and nephew Pradeep-complainant herein and who is brother of the accused started going to the cashew-nut plantation. They were intercepted by the accused in the way, who questioned Raghunath as to why he was going to the cashew-nut plantation. It is alleged that all of a sudden the accused who was carrying scythe, assaulted Raghunath with the said instrument on his neck due to which Raghunath was immobilised and collapsed on the ground. Pradeep, who was at some distance behind, heard the shouts and rushed to the spot and scolded the accused who in turn tried to rush at Pradeep, but Pradeep prevented him by pelting stones as a result of which accused left the spot and went away.