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2. The brief facts of the case are that P.W.7- Tanaji, the complainant is the resident of Kulal Vasti, Taradgaon, Taluka Phaltan, District - Satara and his father deceased Dhondiram was residing with him. They formed a joint family consisting of his brother Genba (P.W.5), their mother, their wives and children. Deceased Dhondiram had a cousin brother by name Haribhau who expired in 1972 and the present Accused is the son of Haribhau. It is the case of the prosecution that deceased Dhondiram used to go to Satoba God situate at Talewadi, Taluka Maan, and that the Accused Dnyaneshwar was under the impression that deceased Dhondiram used black magic due to which his father Haribhau expired. There used to be quarrels between them on many occasions and for about two years prior to the incident, on 3.9.2004 Genba (P.W.5) gave a missing report of Dhondiram, thereafter on the basis of FIR given by complainant Tanaji (P.W.7), criminal case bearing No. 64/2004 for the offence under Section 302 & 201 of the Indian Penal Code was registered against the Accused-Dnyaneshwar. It is the case of the prosecution that Somnath Javale (P.W.12) who was working as A.P.I. at Lonand at the relevant time visited the spot alongwith the photographer and the dead body of the deceased was identified by the complainant Tanaji to be that of Dhondiram. Thereafter the dead body was sent for post mortem report by the Investigating Officer. The clothes of the deceased were seized under the panchnama. Thereafter on 27.10.2004 on an information being received that there was a skull and other articles lying in the field of Jotibacha Inam, the Investigating Officer visited the said spot and prepared the inquest of the skull. Thereafter the skull was sent to the anatomy department of B.J.Medical College, Pune, and the said medical College had reported that the skull was that of a male person. It is the case of the prosecution that on 12.4.2005 the absconded accused was arrested, and when he was in the police custody he gave a memorandum , and on that basis the sickle and his clothes were seized. Statements of different witnesses were recorded. The seized articles were sent to the Chemical Analyser for analysis, the further investigation was carried out, and therafter, the Investigation Officer after coming to the conclusion that there was a prima-facie case against the Accused, he filed a chargesheet in the Court of J.M.F.C. The learned Magistrate committed the case to the Sessions Court for Trial. It is the case of the prosecution that the accused pleaded not guilty to the charge and claimed to be tried with a defence that of total denial.

(d) That the conduct of the accused cutting of the neck of the she-goat before Dashrath to demonstrate how he cut the head of Dhondiram.

(e) That even though there were talks to settle the effect of black magic by arranging Jatra, the accused committed murder.

(f) That Dhondiram was elderly man and was Malkari (that he had taken Diksha of God Vithoba).

(g) That the accused absconded from the native place, for about six months.

(h) That the accused committed murder when he was on bail in another murder case filed against him.

20. Dashrath also identified the sickle and the Accused who was present in Court. He has also stated that he is related to the Accused.

21. The above evidence is cogent, reliable and trustworthy. There is no good reason to disbelieve the above witness. Analysing the above evidence, it is quite reasonable that Dashrath was scared to inform anyone about the above facts. He had disclosed the facts to the Police, after the Accused was arrested. 22. The complainant Tanaji (PW No. 7) is the son of deceased Dhondiram. He has deposed that the Accused was the son of deceased Haribhau. Tanaji also has deposed that his father Dhondiram was religious by nature and was wearing a tulsimala. Tanaji has deposed that there were frequent quarrels between the family members, as the family members of the Accused and the Accused were believing that Haribhau (father of the Accused) died due to black-magic adopted by Dhondiram (father of complainant Tanaji). It appears that it was decided to have a Jatra (function) on 14.9.2004 to remove the black magic.

Ans. It is true.

Q. 45 : It has come in the evidence that when you and the family membrs of Dhondiram had been to the temple of Satoba God at Takadewadi, it was once revealed that Dhondiram used the black magic and at another time it was revealed he did not. What you want to say about it?

Ans. It is wrong. But in my presence it was noticed that he used the black magic.

Q. 46 :It has come in the evidence that at that time, it was settled that on 14th September, 2004, Dhondiba is to arrange a Jatra. What you have to say about it?