PRALHAD KRISHANT PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals have been preferred by the appellant Pralhad Krishant Patil who is alleged to have taken part in an occurrence on 6.3.1987 in which one Bharat Govind died as a result of injuries suffered by him. Originally, there were as many as 11 accused persons. The trial court acquitted A-3 to A-11 but convicted the appellant (A-1) and one other accused A-2 of the offence punishable u/s. 304 Part II Indian penal code, Sec. 341 of the Indian penal code, both read with Sec. 34 of the Indian penal code. Two appeals were preferred before the High Court, one by the State challenging the acquittal of the remaining accused persons and for enhancement of sentence and conviction of the appellant and A-2 u/s. 302 of the Indian penal code, while the second appeal was preferred by the appellant herein against his conviction and sentence u/s. 304 Part II Indian penal code. During the pendency of the appeal, A-2 and A-10 died and, therefore, the appeal preferred by the State against them abated. The High Court by the impugned judgement and order affirmed the order of acquittal passed by the trial court in favour of A-3 to A-11. However, it allowed the appeal preferred by the State so far as the appellant herein is concerned and found him guilty of the offence punishable u/s. 302 of the Indian penal code, instead of Sec. 304 Part II Indian penal code, and sentenced him to life imprisonment.

(2.) There are as many as six eyewitnesses in this case, namely, PWs 6, 7, 8, 13, 14 and 15. The occurrence is alleged to have taken place between 6 p.m. and 6.30 p.m. on 6.3.1987 near Maruti temple in Village Mirzanpur. PW 6, who is the informant, was sitting near the Maruti temple when he heard the alarm raised by the deceased and he and others rushed to the place of occurrence. He witnessed the occurrence and thereafter the injured was removed for treatment to Civil Dispensary, Tulzapur. The doctor there advised him to take the injured to Civil Hospital, Solapur having regard to the nature of the injuries suffered by the deceased. The following injuries were found on the person of the deceased:

(3.) It appears from the medical evidence on record that the first injury proved fatal and the deceased succumbed to his injuries on 9.3.1987.