- (1.) BHAGOJI and Rabhaji are charged of the offences of murdering one Gangadhar and also for causing disappearance of the evidence of the murder under Sections 302 and 201, Indian Penal Code respectively. Prosecution story is that Malan Bai the full sister of A-1 and the niece of A-2 had lost her first husband during childhood, but on attaining puberty, she inclined towards remarriage on coming in contact with the deceased. The deceased belonged to the Jadhav family while the accused were from Bhonsla family. There had been few marriages of Bhonsla girls with Jadhav boys. The accused always felt that Jadhavas were not equal in status and when Malan Bai told the accused that she was going to marry the deceased, the accused objected strongly and did all in their power to stop her from taking this step. They even threatened that if she would marry, she would not be allowed to enjoy married life peacefully.
(2.) BUT in spite of this, Malan Bai succeeded in having 'gandharv (remarriage) with the deceased. The accused felt that their prestige and dignity was greatly affected and severed all connections with the deceased and Malan Bai, but after some time, A-1 started visiting his sister's house occasionally to allay suspicion. On 4-4-1951, the deceased had gone to Paithan to purchase some utensils and proceeded to Pategaon and A-1 had accompanied him. The deceased did not return back. His family members felt anxious and futile searches were made in all possible quarters till 7-4-1951 when the headless corpse of the deceased was seen floating in the river near a field known as Chambharpatni in Dadegaon. Appa, the uncle of the deceased, identified the corpse and reported the incident to the Police Station House, Paithan, expressing his suspicion about A-1, that is, complicity in it.
(3.) WITH these allegations challan was filed against the accused; the case was committed to the Sessions and the trial was conducted with the aid of the assessors. On behalf of the prosecution 14 witnesses were examined and the statement of one Qasim was recorded as a Court-witness. The accused denied the charges and produced three defence witnesses. The assessors were unanimously of the opinion that both the accused are guilty. The learned District and Sessions Judge found the accused Bhagoji guilty of both the offences and sentenced him to transportation for life and seven years' rigorous imprisonment (the sentences to run concurrently), and acquitted Rabhaji, against Which the accused has filed this appeal. We have heard the arguments of the learned Advocates for the accused and the prosecution.;