SURYAKANT ABHIMAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is the original accused No.1 in Sessions Case No.119 of 2015. He is assailing the judgment and order dtd. 11/10/2023, passed by the learned Additional Sessions Judge, Dhule convicting him for the offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life with fine of Rs.10,000.00 and in default of payment of fine to suffer further rigorous imprisonment for two years.

(2.) The prosecution case in short is that, informant Gokul Dhondu Patil, a permanent resident of Kalmadi, Taluka Shindkheda, District Dhule, was residing at Mumbai alongwith his brothers, namely, Murlidhar and Sunil. Other brother Pradeep @ Raju cultivated their agricultural land at Kalmadi, Taluka Sindhkheda. The informant alongwith his brothers Murlidhar and Sunil used to visit their village at Kalmadi for maintaining their agricultural land. Their cousin brother, namely, Abhiman Venkat Patil owned agricultural Gat No.341, 343 in Walkheda Shiwar. The half share of these two lands was cultivated by Devman Venkat Patil, a common well was there in land Gat No.343. There was a dispute between Abhiman Venkat Patil and Devman Venkat Patil over sharing of water from the said well. The civil suit instituted by Devman Venkat Patil was decreed in his favour. Devman Venkat Patil requested the informant to come down to the village to install a electric motor on common well. Accordingly, the informant came along with his brother on 21/7/2015. On 22/7/2015, the informant alongwith his brothers Murlidhar and Pradip Patil installed said motor on the common well located in Gat No.343. Though accused No.1 to 3 were present there, they did not oppose the installation of electric motor. Since there was no power available at that time to check the motor, they decided to come at 10.00 a.m. on the next day. Accordingly, Devman Venkat Patil came at village Kalmadi at 7.30 a.m. Since they had only one motorcycle, the informant told his brother Murlidhar that he should proceed ahead on foot and they will follow him on the motorcycle. While Devman and the informant were proceeding on the motorcycle at about 8.30 a.m. to 8.45 a.m. when they reached near the agricultural land of Dipchand Patil on the outskirts of village Kalmadi, they saw that accused No.1 Suryakant knocked down Murlidhar Dhondu Patil by riding his motorcycle in a high speed. Accused Suryakant, after knocking down Murlidhar stabbed in stomach with a sharp weapon. As soon as accused Suryakant saw the informant and Devman Patil, he got frightened and ran away from the spot. The informant stayed with injured Murlidhar and sent his brother Devman to fetch the transport from the village. After Devman brought vehicle of Sanjay Shivaji Patil from the village, injured Murlidhar was taken to Sudha Hospital, Dhule for medical treatment.

(3.) On the information given by Gokul to Nardana Police Station, C.R.No.44 of 2015 was registered and investigation was conducted by the Police Sub-Inspector. He visited the spot, prepared spot panchnama and collected documents of treatment, recorded the statements of witnesses. Murlidhar who was admitted in Sudha Hospital 23/7/2015 after undergoing treatment succumbed to his injuries on 29/7/2015. Accused No.1 to 3 were arrested. After completion of investigation, chargesheet came to be filed. The charge was framed against the accused for the offence punishable under Ss. 302, 326, 279, 337, 338 read with Sec. 34 of the Indian Penal Code. The accused abjured guilt and claimed to be tried.