LAWS(BOM)-2006-11-33

PREMLAL SHANKAR PATALE Vs. STATE OF MAHARASHTRA

Decided On November 27, 2006
PREMLAL SHANKAR PATALE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Taking exception to his conviction for offence punishable under section 302 of the Penal Code and sentence of imprisonment for life and fine of Rs. 5,000/- inflicted upon him by the learned Additional sessions Judge, Gondia, the sole accused in Sessions Trial No. 72 of 2000 before the learned Judge has preferred this appeal.

(2.) Facts, which led to the prosecution and conviction of the appellant, are as under : appellant Premlal and victim Dhanlal are real brothers. There was a partition in the family, in which 1. 35 acres of land was allotted to the share of their father Shankar. Shankar was residing with the appellant and had executed a will in favour of appellant's son. Since the appellant was not treating Shankar properly, Shankar had shifted to the house of victim Dhanlal and cancelled the will executed in favour of appellant's son. Shankar then executed a Will in favour of Dhanlal. This led to a strain in the relations of the appellant and his brother Dhanlal. On 20-7-2000, when Dhanlal and his servant, Kashiram were tethering cattle in the site meant for tying cattle, a quarrel broke out between the appellant and Dhanlal. The appellant was armed with a stick and gave blows by the stick on the head of Dhanlal, who fell down. Dhanlal was shifted to Rural hospital, Tirora and from there, to Government Medical College and Hospital, nagpur, where he succumbed to his injuries on 21-7-2000.

(3.) After registration of an offence on a report by victim's son Prakash, the police caused an inquest to be performed and sent the dead body for post-mortem examination. In course of investigation, the police recorded statements of witnesses, recovered incriminating articles, caused them to be examined by the forensic Science Laboratory, and on completion of investigation, sent the charge-sheet to the Court of learned Judicial Magistrate First Class, Tirora, who committed the case to the Court of Session at Gondia.