PRAKASH DHAWAN KHAIRNAR PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No. 152 of 1999, by judgment and order dated 19-5-2000, Additional Sessions Judge, Nasik convicted Prakash Dhawal Khairnar Patil (A-1) and Sandeep @ Babloo Prakash Khairnar Patil (A-2) for the offence punishable under Sections 302, 120-B, 201, 397 read with Section 34 of the Indian Penal Code and under Section 25(1)(b)(a) of the Arms Act read with Section 120-B of Indian Penal Code. Both the accused were sentenced as under :-

(2.) Being aggrieved by the said judgment and order accused preferred Criminal Appeal No. 400 of 2000 before the High Court of Bombay. For confirmation of death sentence, the matter was referred to the High Court which was numbered as Confirmation case No. 3 of 2000. After considering the evidence on record in its entirety, the High Court dismissed the appeal filed by A-1 Prakash Patil and confirmed his conviction under Section 302, IPC and maintained the death sentence. The Court also convicted him under Section 25(1)(b)(a) of the Arms Act and maintained the sentence. The Court set aside the conviction of the accused under Section 397 read with Section 34, IPC. However, the High Court partly allowed the appeal filed by A-2 Sandip Patil and acquitted him from all the charges except the one punishable under Section 201, IPC and reduced the sentence to the period already undergone. Against the said judgment and order dated 7-12-2000, A-1 has preferred Criminal Appeals Nos. 238-239 of 2001 and the State of Maharashtra has filed Criminal Appeal No. 489 of 2001 against the acquittal of A-2.

(3.) In this case, dispute of partition of lands led one brother to anhilate entire family of his brother and also to commit murder of his own mother. Appellant-Prakash Patil is the father of Sandeep @ Babloo Prakash Khairnar (Patil), A-2. Sandeep who was then aged 17 years was studying in First Year Engineering and was staying in a hostel at MIT, Pune, Supadu Dhawal Patil was the real brother of appellant - Prakash Patil. Kesarbai was their mother and Pushpatai was wife of Supadu Patil and they were having one son Rakesh alias Pappu and two daughters, Poonam and Rupali alias Buntitai. Deceased Supadu Patil, his wife Pushpatai, mother Kesarbai, daughters Rupali and Poonam and son Rakesh died due to fire arm injuries on the fateful night of 24th October, 1996. Supadu Patil was working as an agricultural officer at Malegaon and was staying in his own bungalow which was constructed at village Soyagaon, which was at a distance of 2 km. from Malegaon. He was running a nursery in the field adjoining to his bungalow which was virtually a farm house. PW33 Vyankat alias Pintya used to sleep in the shed to the northern side which was at a distance of 225 feets. As per the inspection note, bungalow was at a secluded place. Sister of Supadu Patil, Vijaya Zumbar Patil was also living along with her husband at Soyagaon A-1 Prakash Patil was staying at Nasik with his family members and was serving in Maharashtra Engineering Research Institute at Nasik as a Water Analyser (Sr. Scientific Assistant)