TUKARAM BABU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE are two Appeals filed by different accused against the Judgment dated 31-7-1992 in Sessions Case No.139 of 1991 on the file of the 3rd Additional Sessions Judge, Kolhapur. Heard the learned Counsel for the Appellants and the learned Additional Public Prosecutor for the Respondent-State.

(2.) THE prosecution case, stated briefly, is as follows : One Prakash is the deceased. According to the prosecution, there was ill will between Prakash on the one side and the accused on the other. It appears on the fateful day on 19-10-1990, Prakash went towards the river of the village for answering call of nature at about 7.00 a.m. At that time accused persons were found following the deceased at about 7.00 a.m. It is the prosecution case that Dinkar-Accused no.1 was going with a gun in his hand. Then 15 minutes later, gun shot sounds were heard by P.W.4 and others. Then it is also the prosecution case that few minutes later, the accused persons were coming back towards the village in a hurried manner when Accused No.2-Rajaram was carrying the gun. This incident was reported by P.W.4 to P.W.3-Mahadev, the complainant, who is the brother of deceased Prakash. Then P.W.3-Mahadev and other villagers went in search of Prakash. They could not find him. Then Mahadev goes to the Police Station at Gargoti and lodges a missing vardi which is Ex.24. the Head Constable P.W.14-Shankar Desai makes an entry of the vardi and then goes to the village for tracing the missing person viz. Prakash. Then during search they found the dead body of Prakash with bleeding injuries below the rock. Then P.W. 3- Mahadev gives oral complaint about the incident and it is recorded by the Head Constable as per Ex.23. Then the Head Constable prepared an inquest on the dead body and he also prepared a spot panchanama. Then the dead body was sent for post-mortem examination. Ex.23 has been registered as F.I.R. and came to be registered in the Police Station by 7.00 p.m. on same day. It is the prosecution case that the doctor conducted post-mortem on the dead body of Prakash on the next day. The Sub-Inspector of Police visited the village and examined some witnesses. Part of the investigation is done by P.W. 11 and part by P.W.15. The gun came to be seized from the house of Accused No.1-Dinkar under a panchanama and cartridges were also seized under different panchanamas. After the usual investigation charge-sheet was filed alleging that the accused being members of an unlawful assembly murdered Prakash by using a gun and thereby committed various offences viz. offences under Section 302, 201, 147, 148 read with Section 149 I.P.C. and also an offence under Section 27 of the Indian Arms Act.

(3.) AFTER trial the learned Sessions Judge held that the prosecution case so far as murder is proved as against Accused No.1 and Accused No.2. Accordingly, Accused No.1 and Accused No.2 were convicted for the offence punishable under Sections 147, 148, 302 read with Section 149 I.P.C. and each of them were sentenced to suffer R.I. for one year on the first count, two years R.I. on the second count and life imprisonment for the third count. They were also sentenced to pay a fine of Rs.100.00 on the first count, Rs.200.00 on the second count and Rs.500.00 on third count each or in default to suffer R.I. for 10 days, 15 days and one month each on each count respectively. The first Accused-Dinkar was further convicted under Section 27 of the Indian Arms Act and sentenced to suffer R.I. for two years and to pay fine of Rs.100.00 or in default to suffer R.I. for one month. Accused Nos. 3, 4 and 5 were convicted only for the offences under Section 147 and 148 I.P.C. and each of them were sentenced to suffer R.I. for one year on the first count and R.I. for two years on the second count and further to pay a fine of Rs.200.00 each respectively or in default to suffer R.I. for 15 days and one month respectively. All the accused came to be acquitted for the offences under Section 201 I.P.C. Further, Accused Nos. 3, 4 and 5 were acquitted of the offence under Section 302 of the Indian Penal Code and offence under Section 27 of the Indian Arms Act.