BABAN GOVIND WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) It is a very Pathetic scene to find in this proceeding that the mother lost one son while the other son is claimed to be the assailant and all this happened practically in her presence. The family in question was residing at village Aasde in Mulshi taluka of Putle district. The mother, who had lost her husband long back was staying with her sons, who however, were staying separate. The deceased Pandu was one of the sons while the appellant-accused Baban is the other Pandu has deserted his first wife and had married Babibai (P.W. 1) and was staying with her since last about 10 years and the couple was placed with a child. Somehow or other Baban the other brother i.e. the appellant disliked Pandu's behaviour in deserting first wife and he was trying to persuade Pandu to desert Babibai and cohabit with first wife, which Pandu declined. Apparently except this there was no disharmony in the family. Inspite of that the incident occurred in a very unexpected manner on 17th March 1984, which was festive occasion of Dhulwad i.e. next day of Holi. Pandu and his wife as also appellant and his wife i.e. the said two couples had gone to Bazar to make purchases. They returned to the vasti at about 5 p.m. Somehow or other the appellant thereafter asked Pandu to desert Babibai and cohabit with his first wife. This enraged Pandu because he had declined repeatedly and Pandu is alleged to have inflicted one stick blow on the head of Baban. The incident ostensibly was closed at that time, which however, was not in reality.

(2.) Some time at about 11 p.m. or so on that same night to the surprise of everyone and Pandu, Baban was found at the entrance of their house calling out Pandu. Pandu therefore, went out and he was wearing only under pant. The accused started abusing him may be on account of evening incident. The accused then alleged to have gone to his house which adjoins that of Pandu and brought a sickle. Realising the weapon in the hand of accused Pandu became apprehensive and conscious of the design of the accused and started running. He ran towards the temple in self protection. However, somehow or the other as the ill-luck would have it, he was intercepted and overpowered by the accused close to the temple and immediately he inflicted two sickle blows one on the chest and the other on the head on account of which Pandu collapsed and death was practically instantaneous. Pandus wife Babibai after seeing the sickle in the hand of accused outside her house also started running after the husband and in that process she saw one blow being inflicted on the head of Pandu by the appellant. She, therefore, cried and shouted which were heard by her mother-in-law Ansabai who was in the hut nearby. Pandus mother therefore rushed to the spot towards the temple where Babibai was waiting and saw the body of Pandu, who was by then dead. The mother also saw the other son Baban running away from the spot with the sickle. She had Babibai then brought the dead body of Panda to the house and she went to village to inform the Police Patil.

(3.) By that time some people had assembled near the house of one villager nearby participating in devotional songs and amongst them was the Police Patil Dhondu Bharam and his son Balu Dhondu Bharam. However, the Police Patil left the said programme in between while the son continued. His son then heard the shouts and commotion and he went towards the temple and saw Ansabai and Babibai and the dead body of Pandu. On being questioned Ansabai told Balu that her other son Baban tilled her son Pandu. Balu then went to his house and informed the father-the Police Patil, who however, did not rush to the spot on that same night. Balu again joined the group to recite the devotional songs.