VITHAL MAHADEV PATIL Vs. STATE

JUDGEMENT

(1.) This appeal is preferred by the appellant who was the accused No. 1 in the trail court against the judgement dt. 20/21-4-1994 passed by the II Additional Sessions Judge, Belgaum in S.C. No. 187/91 convicting the appellant - accused for the offence punishable under S. 302, IPC and sentencing him to suffer imprisonment for life and convicting him for the offence punishable under S. 324, IPC and sentencing him to R.I. for one year and also convicting him for the offence punishable under S. 3(1) r/w. S. 25 (1B) of the Arms Act, 1959 and sentencing him to R.I. for one year and to pay a fine of Rs. 500/- in default to suffer R.I. for three months. He is also convicted for the offence punishable under S. 5 r/w S. 27 of the Arms Act, 1959 and sentenced to R.I. for three years and to pay a fine of Rs. 1000/- in default to suffer R.I. for six months for the offence punishable under S. 5 r/w. S. 27 of the Arms Act. All the above substantive sentences to run concurrently.

(2.) We have heard the learned counsel Sri Jagadesh Patil for the appellant and the learned Additional State Public Prosecutor Sri A. B. Patil for the respondent fully and perused the records of the case.

(3.) The case of the prosecution is as follows :-That P.W. 1 Parashuram Vani, is the permanent resident of Waghawada village and he has got four brothers by name Mallappa, Pandu, Rajaram and Maruti. Mallappa - the eldest brother of the complainant was residing separately. But, all the other remaining brothers were living together and they were maintaining themselves by their agricultural occupation. In the year 1986-87 appellant was preparing country liquor and then Rajaram - the younger brother of the complainant was also selling liquor. The Excise authorities raided the shop of the appellant-accused No. 1. The appellant suspected that Rajaram was responsible for the raid on his shop and he was giving information to the police and therefore he developed enmity against Rajaram and the complainant and his brothers. P.W. 1 had filed a complaint against A-1. The police warned the appellant. This enraged appellant and he started threatening that he would murder any one out of the P.W. 1 and his brothers. On 19-6-91 the complainant went to his land to attend to his agricultural work. At that time P.W. 2 Sarojini, who is the niece of P.W. 1 came to the land weeping and told that A-1 and A-2 along with others came behind the deceased and on seeing them they caught the deceased and A-1 fired casused an injury to the little finger of her left hand. The deceased walked for some distance and fell down shouting in Marati, which is translated in Kannada (vernacular matter omitted) in the land of Appaiah Naik. Immediately the complainant and P.W. 2 went to the land and some person of the neighbouring lands came there. The deceased was lying in the field of Appaiah Naik and he had sustained injury below his right shoulder and he was bleeding heavily and he was struggling for life. P.W. 1 asked as to what happened, the deceased told that when he and P.W. 2 Sarojini were going on the Government road near the land of P.W. 18 and that A-1 Vithal and A-2 Pandu along with two others came from behind and chased him and A-1 with banduk in his hand fired at his back and he sustained bleeding injury on the right side of the back below the right shoulder. It is also the case of the prosecution that the deceased further told the complainant that there was no hope of his survival and should be immediately taken to the dispensary. But the complainant asked him not to lose hope and he tried to pour water into the mouth of the deceased taken from the ditch. But Maruti breathed his last at 12-45 p.m. The police were informed on phone by P.W. 4. P.S.I. came to the spot. P.W. 1 gave his complaint. The police registered the case and after the registration of the case, police started investigation after completing and investigation police filed chargesheet against the accused.