KASHINATH VISHNU JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellants challenge the Judgment and Order dated 30-6-1995 passed by the IIIrd Additional Sessions Judge, Solapur, in Sessions case No. 45 of 1995, convicting and sentencing them to undergo imprisonment for life for the offence under section 302 read with 34, Indian Penal Code.

(2.) IN short, the prosecution case runs as under :-The appellants, PW6 Balbhim and the deceased Ashok were real brothers. At the time of the incident, all of them, with their parents, were residing in the adjacent room in their residential house bearing Gram Panchayat No. 185, within the limits of village Begumpur, Taluka Mahol, District Solapur. 7 acres of land in the name of the father of the appellants, had been orally partitioned between the appellants, Balbhim and Ashok and each of them were cultivating their ?th share separately. No partition however, was effected in respect of 7/12 extract land. Two days prior to the incident, Ashok had cut off a babool tree in his share of land for preparing agricultural implements and had brought some pieces of wood in the house. The appellants and Balbhim asked him as to why he had cut the said babool tree without their permission. The appellant-Kashinath had threatened to kill Ashok. However, the said dispute was settled by the ladies of the family. On 25-10-1994, sometimes between 10 a. m. to 11 a. m. after returning seeds to one Teli, Ashok went towards the backyard of the house. At that time, a quarrel between him, appellants and Balbhim ensued. The appellants felled Ashok on the ground and Balbhim went to call police Patil. Thereafter, the appellants tied the hands and legs of Ashok. Ashok s wife Mangal P. W. 5, the first informant requested them not to do so. In the meantime, Ameer Patel PW4 entered in the house and also asked the appellants not to do so on which the appellants told him that he should mind his own business. Hence, he went away. Thereafter, the appellants took Ashok in the room of the appellant-Kashinath and did not allow Mangal to enter the said room. Then, the appellant-Gangadhar caught hold of Ashok and the appellant-Kashinath inflicted four axe blows on his neck and face. The appellants thereafter ran away. As a consequence of the assault, launched by Kashinath, blood smeared from the injuries of Ashok and not only fell on the ground but, also on the walls of the room. Ashok died on the spot.

(3.) THE FIR of the incident was lodged by Mangal same day at 3 p. m. at police station, Mohol. On its basis API ravindra Rasal PW9 registered C. R. No. 176 of 1994.