LA MAN KISAN NAGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ESTRANGEMENT between the wife and the husband has unfortunately resulted into the death of the father of the wife at the hands of the accused husband.

(2.) ACCUSED La-man Nagare, a young man of about 22 years, was married to Shantabai (P. W. No. 4), daughter of deceased Chandrakant, 4 to 4 years prior to the date of the incident. After the marriage, Shantabai stayed with the accused for about 1 years. Deceased Chandrakant appears to be a well-to-do man owning a house and agricultural lands at village Nali. It appears that due to ill-treatment and beating Shantabai left the house of the accused and for about 2 years prior to the date of the incident she had come to her parents' place at Nali along with her minor son Yedu, aged about 2 years. It is alleged that 6 months prior to the incident the accused had come to Nali to take back Shantabai, but deceased Chandrakant, father of Shantabai, was not willing to send Shantabai with the accused. On 10th of Nov. , 1984 at about 12 O'clock accused came to village Nali and met his mother-in-law Krishnabai along with his son Yedu. He asked Krishnabai to hand over Yedu, upon which Krishnabai told the accused that they should first go to their house and meet her husband. Accordingly, Krishnabai, Yedu and the accused came back to the residence, i. e. the house of deceased Chandrakant. There was some talk between Chandrakant and the accused and thereafter, it is the case of the prosecution, the accused during the talk or quarrel whipped out a knife and gave three blows. Thereafter, Chandrakant and the accused grappled with each other and in a staggering condition went ahead and ultimately deceased Chandrakant fell on the ground in the lane at a spot which is about 30 to 35 feet away from the house of Chandrakant. Immediately thereafter Balu Kalasgonde (P. W. No. 8) and one Arun Koli came there. Krishnabai, who was supposed to be following Chandrakant and accused, snatched away the knife from the hands of the accused which hands were securedly held by Balu (P. W. No. 8 ). Balu and Arun Koli detained the accused in the nearby temple and accused was handed over to the police at about 12 O'clock in the night by this witness. It appears that thereafter one Narayan went to the Police Patil (P. W. No. 6 ). Police Patil came to the spot and thereafter one Namdeo and Police Patil first went to Mangalwedha and from there by S. T. bus went to Pandharpur Police Station at about 8. 00 p. m. The first information report of Namdeo was recorded at about 9. 00 p. m. and thereafter P. S. I. came to the scene of offence at about mid-night. Inquest panchanama was completed. Statements were recorded and after completing the investigation the accused was charged and tried for an offence under S. 302 of the Indian Penal Code in Sessions Case No. 54 of 1985 before IV Additional Sessions Judge, Solapur.

(3.) THE learned Additional Sessions Judge by his judgement and order dt. 10th of June, 1985 was pleased to convict the accused for an offence under S. 302 of the Indian Penal Code and was pleased to sentence the accused for imprisonment for life.