KAILASH NAMDEO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been preferred by Kailas Namdeo Patil, Gurunath Chindhu Chandrakant Patil, Pandharinath Chindhu Patil and Namdeo Nanda Patil, Accused Nos. 1 to 4 respectively.

(2.) It is pointed out that Namdeo Nanda Patil, Accused No.4 has died during the pendency of this appeal. Accordingly, for him, the appeal stands abated.

(3.) The case of the prosecution is that on 22.12.1986, the complainant Prakash (PW -1) accompanied by his brother deceased Jagan had gone to Bhiwandi for recovery of certain dues in respect of sale of sand. They were returning about 7.45 to 8.00 p.m. by a rickshaw up to a particular point and thereafter by foot. The incident took place between 9.00 to 9.30 p.m. Accused Nos. 1 and 2. inflicted knife blows on the abdomen of Jagan and snatched away gold chain worn by Jagan. The complainant screamed for help. The accused ran away from the scene of occurrence. Jagan fell down. The complainant Prakash rushed to his home and narrated the incident to his brother and thereafter he came to the spot with his brother and Jagan was found dead. He lodged the First Information Report and after investigation, the accused were sent up for trial. The Trial Court convicted all the accused under Section 302/34 IPC and sentenced them to undergo life imprisonment, apart from fine. This was in addition to conviction and sentence under Section 392/397 IPC. The High Court has affirmed the conviction and sentence. Learned counsel for the appellants referred to the statement of PW -1 which mainly is the basis of the impugned judgment and pointed out that only role attributed to accused Nos.3 and 4 is that they caught hold of the complainant and embraced him. Nothing is attributed to them for attacking the deceased.