SAMPAT TATYADA SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Sampat Tatyada Shinde (27) was tried and convicted for an offence under Section 302, Penal Code for the murder of his brother Tukaram and sentenced to imprisonment for life by the Additional Sessions Judge, Greater Bombay. The appellant's appeal was summarily dismissed by the Bombay High Court without recording any reasons. He has come up in appeal by special leave to this Court. The prosecution story runs as under:

(2.) The appellant and his brother, Tukaram deceased were natives of village Patan in Taluka Satara. At the material time, the two brothers were employed in Simplex Mills at Bombay, and, in that connection, Tukaram deceased was staying with his brother-in-law, Anna Kadam, in Patra Chawl, Bombay, while the appellant was residing in the same Chawl in a different place. There was a dispute between the appellant and the deceased over the partition of the lands situate in the area of their village. The appellant was pressing the deceased to agree to partition but the latter was evading to give his consent. The appellant took a month's leave from his employer for seeing through the partition. For that purpose, he wanted Tukaram to accompany him to the village. Tukaram refused. Incensed by the intransigent conduct of the deceased, the appellant resolved to belabour him.

(3.) On October 25, 1968, in the afternoon, the appellant assaulted Tukaram in front of a milk shop with an iron pipe (Art. A) which he had purchased earlier on the same day from the shop of Kurban Singh Hussanali. He inflicted a number of blows causing multiple injuries and fractures of bones. The appellant went away taking the weapon with him.