- (1.) Pandurang Varambale (hereinafter referred to as the "deceased") would not 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. 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. The appellant along with his wife Laxmibai (A-4), son Dinkar (A-3) and one Sambhaji Mahadeo Patil (A-2) faced trial. They were charged for commission of offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code, 1860 (in short the "IPC"). Appellant was alternatively charged for commission of offence punishable under Sections 302, 201 and Section 25(1A) of the Arms Act, 1959 (in short the "Arms Act").
(2.) The trial Court found the appellant guilty of the offences punishable under Sections 302, 201, I.P.C. and 25 of the Arms Act. The other three co-accused persons were acquitted. Appellant was sentenced to undergo life imprisonment, two years and six months respectively, with fines and default stipulations.
(3.) Prosecution version as unfolded during trial is as follows: Complainant Dilip Shripati Dalavi (PW-2) had a laundry in the Shivaji Chowk, Kolhapur. There was also a hair cutting shop adjoining his laundry, which was run by Shantaram Mane (PW-4) and Ramchandra Mane. They are friends. The deceased was coming to the said hair cutting saloon and hence he had become their friend. Accused No. 1-appellant was also visiting the said saloon and he had also become their friends. On 2-5-1982, accused No. 1 had come 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. The said invitation was for the dinner arranged on 8-5-1982. Besides the complainant, accused No. 1 also invited Rajendra the brother of the complainant, Shantaram Mane (PW-4) and his brother Rama and another friend Dattu Kurane. Accused No. 1 told him that in case they did not attend the dinner, then they will have to pay a penalty of Rs. 100/-. At that time, deceased had come to the saloon where this talk was going on. The deceased was also invited by accused No. 1 for the said dinner.;