STATE OF MAHARASHTRA Vs. BABURAO KUNDLIK TAVARE

JUDGEMENT

(1.) THIS is an appeal filed by the State of Maharashtra against the order of acquittal dated 11.1.1985 of the Respondent (Original accused) by the Sessions Judge, Pune in Sessions Case No. 198/84, under section 302 and 201 read with section 34 of the Indian Penal Code.

(2.) THE prosecution case is that, accused no.1 Baburao Kundalik Tavare owns and possess a piece of land in Gaval Mala in Morgaon village, Taluka Baramati, which is at a distance of one mile away from Chopan Vasti. There is also a place of habitation known as 'Gaval Vasti' nearly two furlongs away from the common well, in Gaval Mala. The accused no.1 is a resident of Chopan Vasti. Accused no.2 Laxman Namdeo Pawar is a resident of Adachi Wadi and is the maternal uncle of accused no.1. P.W.no.1 Shivaji - the complainant, possesses and owns a family house at Chopan Vasti. He had his parents, brother Murlidhar, nephew Kantilal, P.W.no. 1's wife, sons and deceased Kumar and Ramesh and other family members were jointly residing there. Deceased Kumar was bout 22 years old at the time of the incident. He was studying in college in Someshwarnagar. He came to his family house from Someshwarnagar 8 days prior to the incident on account of holidays.

(3.) IT is also alleged by P.W.no.2 Sopan Bayaji Tavare that on 14-7-1984 at 8.00 a.m. he went to his land in Gaval Mala to give fodder to the bullocks. His land is nearly 400 to 500 feet away from the the said common well. It is his claim that at that time, he saw deceased Kumar and accused no.1 Baburao coming together from the side of Chopan Vasti and both went near the said common well. He saw both of them standing in the Tharola of the said common well. This time, he heard the cry of deceased Kumar saying 'Ayo'. Hearing his cry, he saw towards deceased Kumar and saw him lying in the Tharola. At that time accused no.1 Baburao was standing near Kumar. Then accused no.1 lifted Kumar and threw him in the well and started running towards Murti village. Seeing this incident, he gave loud call to P.W. no.3 Kisan who was 200 feet away from P.W.no.2 Sopan. Both of them went hear the said common well and saw blood stains mixed with heir, lying in as Tharola of the well and deceased Kumar lying in the well. The accused no.1 started running towards Murti village. P.W.no.2 Sopan Tavare and P.W.no.3 Kisan started chasing the accused no.1. After crossing half of the distance they saw accused no.1 running but they could not apprehend the accused no.1.