STATE OF MAHARASHTRA Vs. RAJENDRA GARBAD PATIL

JUDGEMENT

(1.) - The State of Maharashtra on being aggrieved by the judgment of the High Court of Maharashtra at Bombay dated 27th April, 1979 rendered in Cr1. A. No. 703 of 1978 whereby the High Court has set aside the conviction of the respondent under S.302, I.P.C. and the sentence of imprisonment for life imposed therefor by the trial Court, has preferred this appeal.

(2.) The respondent who is the sole accused in this case took his trial before the Addl. Sessions Judge, Jalgaon on the allegation that he at about 6 or 6.30 p.m. on 25th April; 1975 in Deshmukh Wadi at Pachora committed the murder of Varajlal Narayan Parmar (hereinafter referred to as the deceased) by stabbing him with a knife.

(3.) As the facts of this case are well set out in the judgment of the trial Court as well as the High. Court, we feel that it is not necessary to reiterate the same except mentioning certain salient features. It appears there was a deep rooted enmity between the accused and the deceased since 1974 over an incident relating to the kidnapping of the sister of the deceased by name Veena by the respondent-accused. In respect of that incident, there was a case against the respondent for an offence under S. 366, I.P.C. registered on the strength of a complaint given by the father of the girl Veena. Following this incident, it appears that the respondent filed a complaint as against the deceased and his father for an offence under S. 307, I.P.C. on the ground that the deceased and his father attempted to cause the death of the respondent. At this juncture, it may be mentioned that the case as against the respondent for the offence of kidnapping stood posted for hearing on 4-8-75.It was in the above background this unfortunate incident had happened on the ill-fated day i.e. on 25-7-75.