SHANKAR BALU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the parties.

(2.) The appellant, along with accused, Babu Santu Patil, was tried and by judgment rendered by the trial court, accused Babu Santu Patil was acquitted of the charge u/s. 302 but was convicted u/s. 323 of the Penal Code (for short "IPC") and sentenced to suffer imprisonment till the rising of court and was directed to pay fine of Rs. 100.00, in default to undergo further simple imprisonment for 15 days. He was further convicted u/s. 452 IPC and sentenced to suffer imprisonment till the rising of court and to pay fine of Rs. 200.00, in default to undergo simple imprisonment for 15 days. So far as the appellant, Shankar Balu Patil is concerned, he was convicted u/s. 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 500.00, in default to undergo imprisonment for a period of two years. The appellant was further convicted u/s. 452 IPC and sentenced to suffer simple imprisonment for a day and to pay fine of Rs. 200.00, in default to undergo simple imprisonment for 15 days.

(3.) Against the order of acquittal of accused Babu Santu Patil charged u/s. 302 IPC, no appeal was preferred by the State of Maharashtra. On appeal being preferred by both the accused persons, the High Court upheld the conviction and sentence so far as accused Babu Santu Patil is concerned. But in relation to the appellant, the conviction u/s. 302 IPC has been converted into one u/s. 304 Part I IPC and he has been sentenced to undergo rigorous imprisonment for a period of seven years. His conviction, however, u/s. 452 has been maintained. Both the sentences have been ordered to run concurrently. So far as accused Babu Santu Patil is concerned, he did not file any appeal before this Court. The present appeal by special leave has been filed by the appellant Shankar Balu Patil alone. At the time of grant of leave, this Court confined the appeal only for considering as to whether the appellant exceeded right of private defence of person.