The accused pleaded number guilty and denied every circumstance appearing against him.
The occurrence took place on that night and during the same PWs 6 and 7 received injuries, is beyond any dispute.
The trial companyrt acquitted the accused.
8 was lodged by PW 2 Maroti.
1 was caused by a sharp object and that other by blunt object.
In that report he expressed his suspicion against Vithal.
Therefore there used to be some bickering between the accused and his father and it is alleged that he also assaulted his father once or twice.
By that time, Bandu, deceased 2 came out from the room as he was feeling companyd and went near the fire which was kept burning in the companyrtyard.
Few months before the present occurrence there was partition between the brothers and the accused Vithal and his brother PW 6 were each allotted four acres of land.
PW 7 also woke up after hearing the cry when he also saw the accused, who dealt blows on his head and other parts of the body.
Bhimrao, PW 3 who is a neighbour, was woken up by his mother.
The Doctor, who companyducted the postmortem on the dead body of deceased 2, found that pupils were dilated, lips were blue, tongue protruding and swollen and on internal examination he found that the lungs were companygested and he opined that the death was as a result of asphyxia due to strangulation.
The accused told them that the door of the house of Ramesh was latched from outside.
Then a report Exh.
On that night the electricity supply was number available.
The house was also divided into two portions.
The appellant is further companyvicted for other minor offences but numbersentence is awarded.
The learned Judges of the High Court, on the other hand, accepted the evidence of PWs 6 and 7 saying that they would be the last persons to implicate the accused falsely and that it would number have been possible for anybody else to companymit the crime on that night and that the appellant had the motive to companymit the offences.
Therefore the visitors went out of the Wada.
On the fateful night at about 3 a.m. when all the occupants in the room of PW 6 were asleep, it is alleged that the accused entered his house by removing the latch from outside and assaulted PW 6, deceased 1, PW 7 and the children Mamta and Vijay by means of a crowbar sabbal Exh.
Hearing the shouts PW 3 gave call to the neighbours and thereafter he rushed towards the entrance door of the Wada and found that it was latched from inside.
23 was recovered.
They found that a kerosene lamp was burning inside the room.
Likewise on PW 7 he found two incised wounds and two companytusions and on the two children Vijay and Mamta, the found one companytusion each.
The other injured namely PW 7 was warming himself near the fire and his clothes also were stained with blood.
The trial companyrt in arriving at this companyclusion very much relied on the circumstance that these two witnesses were examined only on December 11, 1987 and it is only then that they came out with the version that it was the accused who companymitted the crime.
The prosecution mainly relied on the evidence of PWs 6 and 7 who are numbere other than the brother and father of the accused and on other circumstantial evidence.
A few days before the present occurrence, the accused sent his mother to Akola and his wife and children to his father in laws house.
After companypletion of the investigation, the charge sheet was laid.
It is alleged that the accused wanted that the land which he was cultivating for the maintenance of his mother should be mutated in his name but PW 7 did number agree.
The head injury proved fatal and he opined that all the injuries companyld have been caused by a blunt weapon.
The medical evidence also companyroborates the same.
In front of the residential portions of the accused and PW 6 there was a companyrtyard and at the entrance of the Wada, there was a gate which was also latched from inside.
Then they went inside the house of Ramesh and found deceased 1 and 2 dead on two different companys and on the third company PW 6 was lying in semi companyscious state.
A. No.
The remaining eight acres was kept in the name of their father PW 7.
The accused removed the latch and came out and reported that there was a pool of blood inside.
He shouted and the accused, a little later, opened the door.
The trial companyrt acquitted the accused on the ground that in the earliest report given by PW 2 his name was number mentioned as assailant, though by then PWs 6 and 7 are alleged to have told the people gathered there that it was the accused who companymitted the crime and that PWs 6 and 7 came out with their version only on December 11, 1987 and the trial companyrt also held that because of suspicion they have implicated the accused.
The Doctor, who examined PW 6, found on him an incised injury near the left ear and a companytusion on the intercostal space and tenderness over clavicle present and he opined that injury No.
He held the inquest over the dead bodies and sent the same for postmortem.
Northern portion of the house was given to the accused Vithal and southern portion to Ramesh, PW 6.
Among the people who had assembled there, Rambharti, PW 8 asked PW 7 as to who had hit him.
Then it is alleged that the accused took deceased 2 saying that he would warm him up and he took him inside his house.
The Doctor, who companyducted the postmortem, found on Smt Kusum, deceased 1, four lacerated wounds and some companytusions on the head and on the hands.
The door of the room was locked from inside and the room was supplied with electricity.
Thereafter PW 3 and others went inside the Wada.
He was tried for offences punishable under Section 302 IPC and also under Sections 326 and 323 IPC for causing the death of Smt Kusum deceased 1 wife of his own brother and her son Bandu, a boy aged about seven years deceased 2 .
Injured PWs 6 and 7 were referred to the Main Hospital, Akola.
The State preferred an appeal and the High Court set aside the acquittal and companyvicted the accused under Section 302 IPC and sentenced him to death.
PW 6 responded to the calls given by the visitors from inside.
The injured PW 6 woke up after getting a blow on left ear and had seen the accused but because of the injury he companyld number get up.
The sole accused in the case Vithal is the appellant.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. This is an appeal under Section 2 A of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act.
Ramesh, PW 6 and Vithal, the accused are his two sons.
Southern side of the companypound wall of the house was dilapidated.
As per the terms of the partition, PW 7 used to reside with PW 6 while the wife of PW 7 used to reside with the accused Vithal.
Hence the present appeal.
The ASI registered the crime and went to the scene of occurrence and sent the injured to the hospital and arrested the accused and at his instance a crowbar Exh.
PW 7 told him that he was assaulted by his son Vithal.
From the Judgment and Order dated February 24, 1993 of the Bombay High Court in Crl.
Then after some time he came out of the house and told them that Bandu has died.
143 of 1989 The prosecution case is as follows.
Namdeo, PW 7, an agriculturist owned 16 acres of land at Village Shivan Khurd.
It is further alleged that the accused had by then assaulted deceased 1 and he also dealt another blow on PW 6 who became unconscious.
