RAMA NAGO KUMBHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused is the son-in-law of the deceased father-in-law. The allegation is that on 3-1-1985 at about 10-30 a. m. , he committed the murder of his step father-in-law Narayan. The case has resulted in his conviction under Section 302 of the Indian Penal Code. This is an appeal against the said conviction.

(2.) IN his statement under Section 313 of the Criminal Procedure Code, the accused has set out in detail as to how the incident took place,. His case is that the deceased was his step father-in-law. His wife had gone to the house of the deceased during Diwali prior to the date of incident (i. e Diwali of 1984 ). He had also gone to the house of his father-in-law earlier. At that time, he had heard people saying that his wife was having illicit relation with his step father-in-law. Therefore, during the Diwali 1984, after staying at the house of his father-in law for about 2-3 days, he was insisting that his wife should come back With him to his place at Sawangi. It appears that she too was not willing to come with him. According to him, his wife's brother as also his father-in-law were insisting that the accused should also stay with them. The accused was not agreeable to stay. It appears few days before the incident since his Wife was not willing to come with him he had slapped her. When his wife started weeping his brothers-in-law assaulted him and gave him beating, whereby the accused fell ill. It appears that on the day of the incident, his father-in-law decided to take him to the hospital. While they where going to the hospital, on the road, be again suggested to his father-in-law to send his Wife to Sawangi. On this point, there was a quarrel between the two The quarrel led to the scuffle and in the scuffle his father-in-law lifted one stone in his band and thrashed at his own bead and be also threatened that be would involve the accused in the crime. It appears the accused had also pelted stones at him. When the deceased came close him, he lifted two stones in his both the bands and threw one stone at Narayan, which struck his head. He also threw another stone at Narayan. Narayan fell down thrashing his head against the stone. But at that time according to him he was saying that he would involve the accused falsely. The accused proceeded towards the Police Station.

(3.) THE First Information Report in this case was lodged by one Namdeo Sakha Gaik wad. He was working as Kotwal of Village Dhanki. The First Information Report shows that at about 10. 30 in the morning of 3-1-1985 he was informed that a dead body was lying on the road. He went there. Someone informed him the name of the deceased. He was also informed that his son-in- law/accused had killed him by bruising with stone. He there fore started to go the police station for giving the information. On the way, he met the accused. His clothes were stained with blood. According to him, the accused told him that he had killed his step father -in-law, Narayan.