LOTIRAM NAMDEO ZANJE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants were convicted under section 302 read with section 149 of the Indian Penal Code (I.P.C.) and sentenced to R.I. for life by the Additional Sessions Judge, Raigad-Alibag in Sessions Case No.133 of 1992 vide judgment and order dated 6th July, 1994. They were also convicted and sentenced under Section 148, I.P.C. to R.I. for one year. In this appeal the appellants have challenged the aforesaid order of conviction and sentence.

(2.) THE incident took place in the morning of 19th August, 1991 when one Balkrishna Haribhau Zanje, father of PW-1 Atmaram, was alleged to have been murdered by the appellants and one more accused, since deceased, on the land known as 'Bhikyachicharan', about one furlong from village Nikop in Taluka Karjat, District Raigad. All the accused and the deceased were the residents of the said village Nikop. There was a dispute between the deceased and some of the accused with regard to the land called Bhikyachicharan and, therefore, Civil Suit bearing No.23 of 1984 was filed by the deceased against some of the accused in the Civil Court, Karjat. The date of hearing in the said suit was 19th August, 1991, on which date the deceased met with homicidal death. Three days before the said incident i.e., on 16th August, 1991, cattle of the appellant No.1 had trespassed in the land of the deceased in respect of which the deceased is said to have lodged complaint against the appellants, though the alleged complaint was not produced by the prosecution.

(3.) AT the trial, prosecution examined the witnesses. PW-1 Atmaram, son of the deceased is the only eyewitness. The other witnesses are Thamabai (PW-2) sister of the deceased, Shankar (PW-3) uncle of the deceased who lodged the FIR Ex.37, PW-4 Vithal Durge Police Patil of village Nikop Avasane, PW-5 Prabhakar Deshpande (PW-5) Circle Inspector who prepared the map of the place of offence, PW-6 Arjun Durge, panch witness to the panchanama of the place of offence and inquest on the dead body, PW-7 Anna Durge, panch witness to the attachment of the clothes of the deceased and recovery of weapons made at the instance of various accused, PW-8 Dr.Anil Khadatare is the Medical Officer who performed post-mortem on the dead body and PW-9 Dy.SP Sambhaji Patil who investigated the crime.