RAMESH BABURAO DEVASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Shivaji Patil, brother of the complainant Sarjerao Patil (PW-13) and one Baburao Patil were residents of Phulewadi situate in the District Kolhapur, State of Maharashtra.

(2.) On the fateful day, viz., at about 10 O'clock on 21.10.1993, PW-11 Subhash Pandurang Kalke was taking his cart to bring grass from the land of one Rajaram Patil. On his way, he met his friend PW-12 Sanjay Laxman Belgaonkar. PW-11 asked PW-12 to accompany him. He promised to come later as he was to deliver medicine at his house.

(3.) While PW-11 was coming back after loading the grass in his cart, at or near the place of occurrence, Shivaji Patil and Baburao Patil who were coming on a motorcycle overtook him. Accused persons, who were 11 in number, had allegedly been waiting for them. They were accosted by the accused persons. The accused persons formed a threatening semi-circle around them. Accused No. 9 Bindu More exhorted others to assault but he himself inflicted vital injuries upon Shivaji Patil. Baburao Patil intervened. He was also threatened. He started running away from the scene of occurrence. He was chased. PWs 11 and 12 seeing them chasing Baburao hid themselves nearby in a sugarcane field. Baburao Patil was found murdered in front of the house of Sou Padma (PW-14). Babasaheb, brother of the deceased (PW-9) Shivaji Patil who was also coming back from his village along with others found his brother murdered. PW-11 informed him about the details of the incident. He came to his house and informed his sister-in-law. She in turn asked PW-10 Sadashiva to go to the Corporation Office and inform about the incident to the first informant PW-13. PW-13 reached the police station at about 12.30 p.m. He allegedly did not furnish the details of the incident. He only named Accused No. 9. He disclosed that PW-16 Vijay that murders of Shivaji Patil and Baburao Patil have been committed. He was asked to furnish details of the incident. He did not do so. He asked PW-16 (I.O.) to come to the place of occurrence. An entry of the said information was made in the station diary. PW-16 came to the place of occurrence with PW-13. The details of incident were narrated to PW-9 by one of the alleged eye-witness, viz., PW-11, on the basis whereof the First Information Report was lodged at the spot.