SANJAY AATMARAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants - Orig. Accused Nos. 1, 2, 3 and 5 have filed this appeal against the Judgment and order dated passed by Additional Sessions Judge, raigad-Alibag in Sessions Case No. 102 of 1997 wherein they were convicted for commission of offence punishable under Section 302 and 341 r/w 34 of the indian Penal Code and were sentenced to suffer life imprisonment and to pay fine of Rs. 5000/= each in default to suffer R. I. for one year on first count and to suffer S. I. for one month and to pay fine of rs. 300/ each in default to suffer S. I. for 15 days on second count. Accused No. 4 was acquitted of all the charges. Accused Nos. 1 and 2 are brothers of each other, Accused No. 3 and 5 are brothers of each other and accused No. 3 and 5 are sons of accused No. 1.

(2.) The facts giving rise to the present case, in nutshell, are thus -

(3.) The accused and the deceased are residence of village Manghar, Tal. Panvel. There are two groups in village Manghar, one is headed by Accused No. 1 while the other was led by deceased Dattatraya Waskar. In the year 1986 murder took place of one Janu Ganu patil, father of present Accused Nos. l and 2. Deceased Dattatraya Waskar, his two sons and one ganesh Patil Were prosecuted for that murder. In the year 1988 all of them acquitted of the charge of murder of Janu Patil. By way of vengeance in the year 1989, there was a murder of Ganesh Govind Patil and present accused No. 1 and six others were accused in that case. The present accused No. 1 and other four others were acquitted in that case, while other two were convicted. On this background, it was a prosecution case, that Accused No. l was waiting to take revenge against deceased Dattatraya and his son rohidas. On 7.1.1997 deceased Dattatraya and his son rohidas were returning home on their two wheeler Moped from Panvel. They started from Panvel at about 8. 00 p. m. and came near the land known as "tin AMBA". The five accused and two unknown persons followed them in sumo Jeep vehicle. Near the above referred land a slight push was given to two wheeler by the Jeep of the accused, due to which deceased and his son Ronidas lost balance and fell on the ground. Thereafter the sumo was stopped in front of the two wheeler Hoped and five accused persons got down from the Jeep. The complainant Rohidas ran away, at which time accused caught hold of his father Dattatraya.