On behalf of the defence, Kamlabai, the wide of Ramrao was, examined and it is, because of the contrary versions of these two, ladies that the companyflicting decisions in Court and the Court of Sessions have taken place.
The, Railway guard numbered this fact in his log book.
In support of the defence evidence of Kamlabai, three other witnesses were examined.
Some days before Nag Panchami of the year 1962 Shantabai was brought to her parents place.
According to Kamlabai the injury was caused by one Kacharu, a son of Bhika who has been missing from home for over 15 years and who had arrived and quarrelled with Ramrao and assaulted him.
Ramrao was placed on the train and left on the train accompanied by Bhika, Gangubai and Kamlabai.
Appeal by special leave from the judgment and order dated March 19, 1964, of the Bombay High Court in Criminal Appeal No.
A report of the incident was then also made, in which the name of Laxman was mentioned as the assailant.
On the train Bhika told the Guard that his son in law had stabbed the injured man.
Laxman was sitting with Shantabai and Ramrao outside the quarter and Bhika was chopping some fuel at the back of the hut, Kamlabai the widow of Ramrao , Gangubai, Bharat and Laxman were inside the room.
They carried Ramrao, on a company to, the Railway Crossing and when the train arrived, it was stopped by showing the danger signal.
She adhered to her story in the Court of Sessions and said that these reports were prepared to, her dictation.
According to Shantabai it was her husband who had in flicted the injury.
Two other witnesses who are railway employees also came forward to depose that after this incident they had met Kacharu and that Kacharu had threatened them and told them that he would cause them injury asking them about circumstances of his family.
He heard shouts from the quarter of Bhika and went there and enquired what had happened and he was told that, the elder brother had stabbed the younger brother.
Ramrao was carried to the Dhulia hospital and was found to have died before his entry in the hospital.
257 of 1963.
Whether Laxman was reconciled to this suggestion or was still angry is number known.
The learned Judges discarded the evidence of Kamlabai holding that she was interested in saving Laxman, the appellant, because he was related in a distant way with her.
One was C. Ananda Patil, P. who stated that his jeep had stopped near the level crossing because the gates were shut and the, train was due.
1 of 1966.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
In the evening at about 7 P.m.
Gangubai and Bhika did number claim to have seen the actual happening.
They felt that there was numberreason for Shantabai to have deposed against her own husband and the suggestion made in the Ses sions Court that Shantabai wanted to get rid of her husband because he was a cripple and was ill treating her had numbersubstance in fact.
The learned Judges discussed the matter both from the point of view of actual evidence led in the case and also probabilities.
The facts of the case are as follows This Laxman was married to Shantabai P.W. 3 who is the daughter of one Bhika Ganpat Nikam P.W. 2 a Railway employee working at a Railway crossing at Gartad District Dhullia.
This crossing is situated on the Dhulia Chalisgaon Railway line.
In other words, his evidence was to the effect that it was Kacharu the elder missing brother of Ramrao who, had stabbed the victim.
The police, after investigation, prosecuted Laxman.
R. K. Pillai, for the appellant.
On be half of the prosecution, Shantabai was the main witness and in fact the only eye witness.
The Judgment of the, Court was delivered by Hidayatullah C. J. This is an appeal from the judgment of the High Court of Bombay setting aside the acquittal of the appellant Laxman Kalu Nikalje and companyvicting him under s. 302 with a sentence of imprisonment for life.
P. Bhandari and S. P. Nayar, for the respondent.
Shantabai was married some five years before the occurrence and lived with her husband, Laxman at Ganeshpur Pimpri in Taluka Chalisgaon.
Bhika was, residing in one of the quarters intended for such people near the Railway crossing with his wife Gangubai, his sons Ramrao, Laxman and Bharat.
She stayed with them till the 10th August 1962.
