BABASAHEB APPARAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises out of the judgment rendered by the High Court of Judicature at Bombay, in Criminal Appeal No. 686 of 1988, confirming the conviction of the appellant for offence under Section 302 read with Section 34 of Indian Penal Code, 1860 (for short 'IPC').

(2.) As many as four accused came to be tried by the Addl. Sessions Judge, Solapur in Sessions Case No. 198 of 1987. These persons were Babasaheb Apparao Patil-Accused No.1, Tanaji Manikrao Patil-Accused No.2, Appasha Dharmarao Patil-Accused No.3 and Prakash Limbanna Koli - Accused No.4. The Trial Court convicted all the accused for the said offence and sentenced them to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/- each, with default stipulation. All the convicts preferred an appeal to the High Court. Although accused Nos. 2 and 4 expired during the pendency of the appeal, yet the High Court dealt with their appeals as well. The High Court confirmed the conviction of the appellant herein and accused No.2 but acquitted the remaining two accused, giving them the benefit of doubt.

(3.) According to the prosecution in village Boramani, District Solapur, there are two rival parties. Manikrao Patil was the leader of one party and the deceased-Baburao Vibhute was the leader of the other party. Tanaji Manikrao Patil-Accused No.2 is the son of Manikrao Patil. Babasaheb Apparao Patil-Accused No. 1 and Appasha Dharmarao Patil-Accused No. 3 are cousin brothers of Tanaji. Prakash Limbanna Koli-Accused No. 4 is not related to other three accused but was known to them. On 7th June, 1989, one Abhimanyu Rama Bhagare had assaulted the said Manikrao Patil, father of Accused No.2 by using a Sattur. Abhimanyu was a good friend of the deceased Baburao Vibhute. Manikrao suspected that assault on him by Abhimanyu had been instigated by the deceased Baburao and therefore, he held a grudge against him.