PATRU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant accused No. 1 is tried and convicted by the learned. Additional Sessions Judge, Gadchiroli for causing the murder of his father Tulshiram, by his order dated 24. 5. 1990 in Sessions Case No. 92 of 1989.

(2.) THE prosecution case is that the appellant Patru is the elder son of deceased Tulshiram. He was living separately with his family from deceased Tulshiram and his younger brother Ramdas (P. W. 1 ). Tulshiram had already given a share in the property to his sons. Some 15 days prior to the incident, Tulshiram sold his 2 acres of land to Prabhu Patil Akare and out of the sale proceeds, he deposited Rs. 8,000/- in Post Office. Appellant Patru was demanding some amount from Tulshiram and, therefore, there was dispute. On 2. 3. 1988, deceased Tulshiram left his house at about 9 A. M. in the morning for going to forest as usual for collecting leaves and thereafter he did not return on that day. P. W. 1 Ramdas went to Police Patil Yogaji (P. W. 3) and informed him about non-returning of Tulshiram but P. W. 3 Yogaji advised Ramdas to wait and search Tulshiram. On the next day also, Tuishiram was not found and, therefore, under the signatures of P. W. 1 Ramdas and P. W. 3 Yogaji, report was lodged in Police Station, Kurkhed on 3. 3. 1988. On 4. 3. 1988, the dead body of Tulshiram was found floating in a lake. Police arrived and with the help of two fishermen, the body of Tulshiram was taken out from the tank and spot panchanama (Exhibit 18) and Inquest panchanama (Exhibit 19) were drawn. There were injuries caused by sharp weapon on the person of deceased and stones were tied to the waist and neck of the dead body. Therefore, offence under section 302 of Indian Penal Code was registered. P. S. I. Shri krushna Patil (P. W. 4) has initially arrested P. W. 1 Ramdas, but Ramdas escaped from the custody of police and he preferred an application for anticipatory bail in the Sessions Court at Chandrapur. The application was rejected and Ramdas was again arrested. From 4. 3. 1988 to 28. 3. 1988, the investigation did not proceed. On 28. 3. 1988, appellant Patru was arrested. On the memorandum of appellant, one axe stained with human blood was recovered from his house. He has shown the place where Tulshiram was assaulted in the forest near the lake where pool of blood was seen. He has shown the pit where dead body was buried. His clothes banian and half-pant were seize as they were having blood stains and other articles were seized in the house search. The seized property was sent to chemical analyser for chemical analysis. On the disclosure of appellant, accused No. 2 Mukharu Madavi was also arrested. Appellant accused No. 1 Patru was charged under section 302 of Indian Penal Code, whereas both the accused were further charged under section 201 read with section 34 of Indian Penal Code.

(3.) DURING trial, the prosecution has examined P. W. 1 Ramdas, P. W. 2 Godubai, the son and widow of Tulshiram respectively, P. W. 3 Yogaji Police Patil of village Kadholi as a panch and P. W. 4 Shrikrushna Patil, the Investigating Officer.