JUDGMENT - VISHNU SAHAI, J.:---Since both these matters, arise out of the same set of facts and a common impugned judgment, we are disposing them off by one Judgment.

2.Three persons namely Subhash Dnyanoba Jadhav, Appasaheb Dnyanoba Jadhav and Bapu Dnyanoba Jadhav were tried by the Additional Sessions Judge, Pandharpur, in Sessions Case No. 4 of 1995, for offences punishable under sections 302, 307, 324 all read with section 34 I.P.C.

The learned trial Judge was pleased to convict and sentence Subhash Dnyanoba Jadhav and Appasaheb Dnyanoba Jadhav in the manner stated hereinafter:

(i) Under section 302 read with section 34 I.P.C. to undergo imprisonment for life and to pay a fine of Rs. 500/- in default to undergo three months R.I.

(ii) Under section 307 read with section 34 I.P.C. to undergo seven years R.I.;

(iii) Under section 324 read with section 34 I.P.C. to undergo three years R.I.

The substantive sentences of the said persons were directed to run concurrently.

The learned trial Judge however, was pleased to acquit Bapu Dnyanoba Jadhav on all the counts.

Criminal Appeal No. 709 of 1995 has been preferred by the appellants - Subhash Dnyanoba Jadhav and Appasaheb Dnyanoba Jadhav against the aforesaid convictions and sentences.

Criminal Revision Application No. 28 of 1996 has been preferred by Sanjay Sukhdeo Koli P.W. 2 the original complainant who has made two main prayers namely that:

a) the acquittal of Bapu Dnyanoba Jadhav on various counts be set aside; and his case should be remanded for re-trial to the trial Court; and

b) the sentence awarded to the respondents Subhash Dnyanoba Jadhav and Appasaheb Dnyanoba Jadhav be enhanced.

3.The prosecution case in short runs as under :

The informant Sanjay Sukhdeo Koli P.W. 2, Baban Koli P.W. 10 and Dattatraya Koli P.W. 11, are the nephews of the deceased Nivrutti (their father's sister was married to Nivrutti) and deceased Bhanudas. Hanmant Koli P.W. 3 is the son of the deceased Bhanudas Koli and grand son of the deceased Nivrutti, in as much as the later was maternal uncle of his father. The said witnesses, the deceased persons and the appellants used to live in the same village namely Akola-Vasud, in Taluka Sangola District Solapur. About seven to eight months prior to the incident, there was a quarrel between the deceased Bhanudas and the appellants on account of right of way. The house of the appellants was situated at a distance of about 125 feet from that of Bhanudas. The way to Akola-Vasud was situated in front of the door of the appellants and they were obstructing Bhanudas from using that way.

On 27-10-1994, at about 6.30/7 p.m. Dattatraya Koli, the brother of the informant Sanjay Koli, came running from the village and informed him that the appellants and the acquitted accused Bapu Jadhav were quarrelling with Hanmant and Bhanudas. Consequently, he along with his brothers Baban Koli P.W. 10 and Dattatraya Koli, and his mother Sitabai, came running to the village. They heard the cries of quarrel coming from behind the house of the appellants. Consequently, they went to the place where the quarrel was going, namely under a neem tree. Hanmant Koli also reached there. They saw that the appellant Subhash Jadhav was armed with a knife and the appellant Appasaheb Jadhav was armed with a dagger and were inflicting injuries with the said weapons in succession on the person of Nivrutti. When Hanmant Koli tried to intervene, the appellant Subhash Jadhav inflicted a knife blow on his chest. The appellant Bapu Jadhav caught hold of Sanjay Koli and the appellant Subhash Jadhav inflicted a blow with a knife over his right forearm. The appellant Appasaheb Jadhav inflicted a blow with a dagger on Babban. Some villagers had assembled there. They intervened and rescued them. As a consequence of the assault, Nivrutti died on the spot. Thereafter, the appellants and Bapu Jadhav went towards their house and the informant Sanjay Koli and others started proceeding for their Vasti. In the meantime, Suk

Click Here to Read the rest of this document