ANIL SUDAM GOPNARAYAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal by original accused Nos. 1 to 3 is directed against the judgment and order dated 16-8-1994 passed in Sessions Trial No. 78/93 by the Additional Sessions Judge, Akola. The learned Judge convicted the accused of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced each of them to suffer imprisonment for life. Feeling aggrieved thereby the accused have preferred this appeal.

(2.) DECEASED Mankarna was a widow and she was residing with her three children in hutment at village Kinkhed. The eldest of her children is a daughter by name Rekha, aged 10 years, the second is a son by name Ganesh aged 3 years and the third is also a son by name Dinesh aged 4 months. Mankarna lost her husband about three years prior to the incident and her second son Dinesh was begotten by her out of illicit relationship with accused No. 3 Sunil. All the three accused are residents of the same village and at the relevant time they were residing just opposite the house of Mankarna. Accused No. 1 Anil and No. 3 Sunil are brothers while accused No. 2 Yamunabai is their mother.

(3.) AFTER the birth of her third child, namely, Dinesh, Mankarnagotan entry made- in the register of birth maintained by the Gram Panchayat to the effect that accused No. 3 Sunil was the father of the child. This was obviously not liked -by the accused as a result of which there used to be frequent quarrels between them and Mankarna. The accused used to ask Mankarna as to why she had got the entry made in the name of accused No. 3 Sunil. According to the prosecution, accused had also given threats to Mankarria. About three months prior to the incident the Gram Panchayat had passed a resolution dated 23-10-1992 Exh. 30 and cancelled the entry in the register of birth showing the name of accused No. 3 Sunil as being the father of the newly born child of Mankarna.