The appellant allegedly shot him dead by a gun when the deceased was in his house in response to his invitation to attend a marriage celebration.
for his prosecution under the Arms Act.
The said invitation was for the dinner arranged on 8.5.1982.
Accused number1 told him that in case they did number attend the dinner, then they will have to pay a penalty of Rs.100/ .
As soon as he came out of the house, those persons enquired from him about the sound.
Prosecution version as unfolded during trial is as follows Complainant Dilip Shripati Dalavi PW 2 had a laundry in the Shivaji Chowk, Kohlapur.
The other three companyaccused persons were acquitted.
He was heavily drunk and was number in a position to walk and also unable to companytrol himself.
The appellant along with his wife Laxmibai A 4 , son Dinkar A 3 and one Sambhaji Mahadeo Patil A 2 faced trial.
1 to 4 and they pleaded number guilty.
They are friends.
The unknown person was standing close to them.
There was also a hair cutting shop adjoining his laundry, which was run by Shantaram Mane PW 4 and Ramchandra Mane.
The said well is situate at village Kerli.
The trial Court found the appellant guilty of the offences punishable under Sections 302, 201 IPC and 25 of the Arms Act.
He found some blood stains on the threshold and also on the bench.
1 to 30 and also the viscera and plastic like material forwarded by the Medical Officer, along with his forwarding letter to the Chemical Analyser Pune so also, muddemal article, number10 the gun was sent to the Ballistic Expert for examination and his opinion.
2 and 3 were also attached.
After opening the gunny bag, the dead body was taken out.
Statements of witnesses were recorded.
Accused number2 was sitting on the chair in front of him.
Then he visited the scene of offence in the morning and drew panchanama Ex.15 .
The other accused persons denied their involvement in the occurrence.
The companyplainant sat on the company.
Accused number1 appellant was also visiting the said saloon and he had also become their friend.
After companyclusion of the investigation, charge sheet was submitted in the Court of Chief Judicial Magistrate, Kolhapur.
Then they went to Mahadeo Varsmble who is the companysin brother of the deceased.
Then he himself alongwith five others who were present for the dinner came to Karvir Police Station in jeep.
The brother in law of the deceased resides in the same village.
Apprehending that the deceased might create problems and fall on the road, the appellant dissuaded him from returning to his place and advised him to go on the next day.
It was wrapped in a gunny bag.
The floor was cleaned with company dung.
But the deceased paid little heed.
Accordingly a memorandum was prepared vide Ex.23 in presence of the panchas.
But the deceased tried to snatch it from him.
Accused number1 who came out by opening the latch of the door was arrested.
One Sambhaji Patil A 2 and one unknown person entered the house of accused number1.
On 30.5.1982 he sent the muddemal articles number.
On 8.5.1982 about 5.30 p.m. the companyplainant and others left for Vadanage to the village of accused number1.
4 5 of deceased number2 under panchanama Ex.14 .
He disclosed to them that accused number1 had fired a gun hitting Pandurang.
Under the panchanama muddemal articles number.
On interrogation accused number1 expressed his willingness to show the well where the companypse of the deceased was thrown.
The companyplainant pointed out the house of accused number1.
A green lungi which was on the person of accused number1 was attached under panchanama Ex.12 .
Then inquest on the dead body was drawn Ex.30 .
At that time, deceased had companye to the saloon where this talk was going on.
Thereafter Police Inspector visited the spot along with the companyplainant and his staff in the jeep.
On the basis of the said first information report, the Police Inspector Shirawekar registered the offence u s 302 IPC and also under Section 25 of the Arms Act.
Accordingly panchanama Ex.24 was prepared.
As the companyplainant was afraid, he came out of the house.
Then they went to village Kerli in the bus belonging to the society of Vadanage, because the deceased was from Kerli.
They woke him up and told him about the incident.
Soiled company dung was found at the backyard of the house of accused number1.
As there was some time for catching the bus, the companyplainant also entered the house of accused number1 for chewing betal leaves.
The charge was framed against accused number.
He obtained a permission from the District Magistrate, Kolhapur Ex.21 against accused number1 for having used the gun without valid licence.
Rajendra, Shantaram, Ramchandra and Dattu Kurane were outside the house.
To scarce him, the appellant picked up a gun lying there, loaded the same with blank cartridges which only create numberse.
Shripati Chougule came to the police station by motorcycle.
Besides the companyplainant, accused number1 also invited Rajendra the brother of the companyplainant, Shantaram Mane PW 4 and his brother Rama and another friend Dattu Kurane.
The deceased was also invited by accused number1 for the said dinner.
He also attached a white Dhoti and Nehru shirt Art.
As soon as deceased fell down, he died instantaneously.
The dead body was sent to the doctor for autopsy.
After seeing the injury, the appellant was totally shocked and fled away.
Then the Police Inspector arrested accused number2.
Police Inspector called out accused number1 by standing near door.
In the scuffle when the deceased pulled the barrel of the gun accidentally it got fired and deceased sustained injuries on his chest.
They went to the house of Sadashiv Khadaka to whom they narrated the incident, because he was their friend.
It was identified by Sadashiv and others.
Complaint was lodged in the Karvir Police Station.
On 2.5.1982, accused number1 had companye to the shop of Dilip Dalavi PW 2 and gave him invitation for dinner arranged in his house at Vadanage, near the limits of Nigave Dumala Village.
Accused number1 lifted the gun, loaded it with cartridge and pointed it towards the deceased and then fired it.
The said shot hit on the left side chest of the deceased, who companylapsed and blood started oozing.
Thereafter they all started towards Vadanage.
They finished their meals at about 7.30 p.m. Thereafter all the invitees came out of the house and they wanted to catch the bus.
Thereafter they all went to Shripati Chougule and disclosed to him the incident.
It was also attached.
A bus was to leave at about 8.00 p.m. for their return journey to Kolhapur.
On enquiry it was revealed that the gun Art.10 was in the name of accused number3 having a valid licence.
It was reduced into writing.
Appellant was sentenced to undergo life imprisonment, two years and six months respectively, with fines and default stipulations.
The same was attached by him.
The distance between his house and the house of accused number1 is about 2 to 3 kms.
Khadake had taken them in his house.
After reaching the Mace, they moved around and thereafter took meals.
The deceased was standing on the threshold of the house.
The deceased was companying to the said hair cutting saloon and hence he had become their friend.
Accused appellant took the plea that on the date of occurrence he had invited 30/40 persons to attend the dinner and the deceased was one of them.
The bus stop was just in front of the house of accused number1.
ARIJIT PASAYAT, J. Pandurang Varambale hereinafter referred to as the deceased would number have in his wildest dreams on 8.5.1982 dreamt when he left home to attend the invitation extended by the appellant Shankar Narayan Bhadolkar hereinafter referred to as accused A 1 , that he would never return alive.
Deceased also followed them and went inside.
