STATE OF MAHARASHTRA Vs. GANESH SHAMRAO ANDEKAR

JUDGEMENT

(1.) This Appeal is filed by the State against the judgment of acquittal of all the 15 accused - respondents, passed by the Additional Sessions Judge, Pune, vide judgment dated 11.5.1989 from offences under Sections 147, 148, 149 read with 302 of Indian Penal Code and Section 302 read with 34 of I.P.C. and acquittal of accused No. 7 under Section 201 of the I.P.C.

(2.) We have heard the learned APP for the Appellants - State and learned counsels for the Respondents - original accused.

(3.) According to the prosecution, deceased Raghunath was residing at House No. 98, Guruwar Peth, Pune, along with his wife Shakuntala (P.W. 13) and daughter Rohini (P.W. 2), Vandana and son Vitthal. Accused were also residing in the same area Guruwar Peth, Pune. There was dispute between the deceased on one side and all the accused on the other side over a common water tap and w.c. which was meant for tenants of the House No. 98. There used to be frequent altercations, quarrels and exchange of abuses between the family members of the deceased and that of the accused. As he was not allowed to take water from common water tap, the deceased took a separate water connection for his use. Some incidents had occurred 10-15 years and 3 years back before the actual incident and therefore there was enmity between the two sides.