SUBRAO CHINTU SATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE these connected criminal appeals arise out of the same set of facts and a common impugned judgment we are disposing them off by one judgment.

(2.) THROUGH these appeals the appellants challenge the judgment and order dated 28-12-1994 passed by the Additional Sessions Judge, Sangli in Sessions Case No. 137 of 1994, convicting and sentencing both of them to undergo imprisonment for life and to pay a fine of Rs. 5000/- in default to undergo one years R. I. for the offence under section 302 read with 34 I. P. C.

(3.) IN short the prosecution case runs as under: The appellants and the deceased Bapu Sathe were real brothers and used to reside in separate huts, situate in immediate proximity, in Pare, Taluka Khanapur, Dist. Sangli. On the date of the incident i. e. 29-4-93 at about 10 a. m. the sons of the deceased Santosh and Deepak were quarreling on account of note book and pen. At that time appellant Subrao came to the hut of the deceased and gave one slap to Santosh which was not liked by the wife of the deceased Suman Sathe P. W. 1, the first informant. Suman Sathe in no uncertain terms told the appellant Subrao that he should not have assaulted her son and she could have taken care of the quarrel between her sons. On that appellant Subrao also gave one slap to her. Thereafter he went away. Suman sent her son Santosh to call Bapu. When he came she narrated the incident to him. He asked her to lodge an F. I. R. against appellant Subrao. Consequently the same day at 4 p. m. she lodged an F. I. R. against him. That evening at about 8 p. m. when Suman along with children and husband Bapu was sitting in front of her house, the appellants came to the pan-patti shop situate in front of her house and called her husband Bapu. On that Suman told them that, they should come and talk with Bapu. Consequently the appellants came near the place where Bapu was sitting. Bapu got up on seeing them coming. Appellant Sampat Sathe caught hold of him and appellant Subrao took out a knife, which was concealed under his waist and inflicted a solitary blow with the same on Bapus stomach. Thereafter both the appellants ran away. Apart from Suman this incident was seen by Popat Kamble P. W. 5, the owner of the pan-patti shop. The evidence of Suman is that immediately after the appellants had run away she rushed to Dr. Thombare. Dr. Thombare came, examined Bapu and informed her that Bapu was dead.