SHAHAJI DATTU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No. 29 of 1980, Sessions Court, Kolhapur, original accused Nos. 1 to 3 were charged with the offence of having committed murder of one Rama Govinda Patil, being offence punishable under section 302 read with section 34 of the Penal Code. Original accused No. 1 was, in the alternative, charged for the substantive offence of murder of the said Rama Govinda Patil, punishable under section 302 of the Penal Code and accused Nos. 2 and 3 were in the alternative, charged with having shared common intention of accused No. 1 for committing the murder of the said Rama Govinda Patil and thereby committing an offence punishable under section 302 read with section 34 of the Penal Code. Accused Nos. 2 and 3 were further alternatively charged with having voluntarily caused simple hurt to the said Rama Govinda Patil by means of sticks and thus committing offence punishable under section 323 of the Penal Code. By judgment dated 19th January, 1981, the Sessions Court acquitted accused Nos. 2 and 3 of the charge under section 302 read with section 34 of the Penal Code. These two accused persons were, however, convicted for offence under section 352 read with section 34 of the Penal Code and were sentenced to suffer simple imprisonment for one month. Since they were under trial prisoners for more than the aforesaid period of one month, they were ordered to be released forthwith. So far as accused No. 1 is concerned, he was convicted under section 302 of the Penal Code and sentenced to suffer imprisonment for life. It is against the order of his conviction and sentence under section 302 of the Penal Code that original accused No. 1 Shahaji Dattu Patil has preferred this appeal therefrom.

(2.) Case of the prosecution, briefly stated, has been that relations between the deceased Rama Govinda Patil and his brother Hindurao Govinda Patil and the accused were strained. On the morning of 11th February, 1980, at about oclock Rama was returning from his northern field and was going homewards southwards by the village road known a Chinchawade road. That very time, the original three accused suddenly emerged from being some house and came in front of Rama. Rama started running towards the east, i.e. towards the field of one Tanubai. The accused chased him. He was caught in the field. Accused Nos. 2 and 3 gave stick blows on Rama, but Rama averted the same by catching the sticks by raising his hands. At that moment accused No. 1 Shahaji gave a knife blow just below the left armpit of Rama. Rama shouted and fell down. The accused immediately ran away with their weapons. This incident, so proceeds the prosecution case, was actually witnessed by Ramas brother Hindurao who also per chance happened to be near about the scene at that time. According to the prosecution, the incident was also witnessed by three other persons viz., Shripati, Sakharam (P.W. 3) Shripathi Dashrath (P.W. 4) and Vithabai Dattu (P.W. 6), the latter being the sister Rama. All these four persons then gathered near the dead body and were there for about an hour. A few other persons also are alleged to have come there, witnessed the deadbody and left. One amongst these persons asked as to why police complaint was not being filed. It was then that P.W. 2 Hindurao, the brother of Rama, went for the purpose of filing police complaint. He went by bus to the Police Station which was at a distance of about sixteen Kilometres. A complaint was lodged with the Karvir Police Station at 2 oclock in the afternoon. An offence of murder was registered against the accused persons. The police arrived at the scene of offence soon thereafter. Statements of several person were recorded on the same day. On the next day, statements of some other persons were also recorded. After the requisite panchnamas and after completion of investigation, all the three certain accused were made to stand their trial on the charges indicated above.

(3.) Defence of the accused was one of total denial. They claimed to be innocent and prayed to be acquittal.