ADHAR RAGHO PATIL Vs. STATE OF MAHARSHTRA

JUDGEMENT

(1.) The appellant - original accused has been convicted under Sec. 307 of the Indian Penal Code, 1860 (I.P.C. in brief) and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5000.00 and in default to suffer simple imprisonment for three months.

(2.) The case of prosecution in short is as follows :

(3.) Charge was framed against the accused. The accused pleaded not guilty. His defence is of denial. Cross-examination and statement under Sec. 313 of Code of Criminal Procedure, 1973 shows his defence. According to him, his wife, the victim was insisting him to transfer property standing on his name, in the name of the sons. There was dispute regarding the land. One day before incident, he had gone to village Nikumbhe and stayed with relative Karbhari Patil. On next day, when he had gone to the bus stand, P.W.6 Shriram Lotan Patil, his brother-in-law asked him to come to their place. At that place, the 5 brothers raised the subject of landed property. Accused opposed that he will not transfer the property during his life time. P.W.6 Shriram Patil abused the accused and removed Sura and hit him on his stomach. When the victim tried to rescue the accused, and accused started running, the victim may have fallen and sustained injury. P.W.2 Pandit Lotan came behind the accused and told that he will take the accused to the hospital, but took him to the police station. Police was not ready to record his complaint.