DATTATRAYA RAMCHANDRA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) VIDE judgment and order dated 27th May, 1982 passed in Sessions Case No. 87 of 1981, the learned Additional Sessions Judge, Sangli convicted and sentenced the appellants in the manner stated hereinafter :

(2.) THE appellants and the acquitted accused on one hand and the prosecution witnesses Shivling Ganpati Patil P. W. 3, Yashwada Hingmire P. W. 9, Subhadra Hingmire P. W. 10 and the deceased Babasaheb Dhondiram Hingmire were residents of a common village viz. Murale. The elections to the Village Panchayat Murale were held about 2 years prior to the incident. Acquitted accused Anandarao was elected as a sarpanch at that time unopposed. The informant Shivling Ganpat Patil was a member of the Village Panchayat. There is a Society called Murale Vividh Karyakari Seva Sahakari Society. The election to the society was held two months after the Panchayat election. In that election party men of acquitted accused Anandrao and those of Shivling Patil contested. Shivling Patil was elected as Chairman of that society. The deceased Babasaheb Dhondiram Hingmire was one of his supporters. Anandrao was instigating some of the members of the society not to pay the due of the society. On account of elections pertaining to the Society the relations between Shivling Patil on the one hand and Anandarao on the other became strained. It is alleged that the festival of Bendur was being celebrated in the month of Ashadh, on full moon day. On that day bullocks and other cattle are taken in a procession in Murale village. Since the last 2 to 3 years prior to the incident the informants bull and that of the deceased were taken together in a procession. On 15-7-1981 whilst the festival of Bendur was being celebrated in Murale at about 5 p. m. the bulls of the informant were taken in procession. Both the informant and Anandrao had taken out the procession of their bulls. The informant came across the procession of Anandrao at the corner of the road. At about 8. 30 p. m. both the processions came near the society office. They were to go further to Rudrappa. The informant suggested to Anandrao that he should take his procession by one side and they would take their procession by the other side. Since the beating of drums was going on one bull from the procession of Anandrao got scared and started running helter, skelter. The informant asked Anandrao and appellant Dadasaheb to control the bull but they pleaded their inability. At that time appellant Dattatraya Ramchandra Patil and the deceased Babasaheb Hingmire were also there. Anandrao and Dadasaheb told the informant that they were responsible for the bull running helter, and accused him of becoming conceited. The informant replied as to what was the basis on which he said that. On that appellant Anandrao is alleged to have assaulted Babasaheb with a stick and to have given one blow by stick to the informant. Thereafter appellant Dattatraya Patil inflicted a scythe blow on the left knee of Babasaheb Hingmire and Dadasaheb Patil inflicted an axe blow on the right upper arm of the informant. On receiving the scythe blow Babasaheb fell down in front of the society office. This incident is alleged to have been seen by P. W. 9 Yashwada, the mother of the deceased and Subhadra P. W. 10, the wife of the deceased. Some other witnesses also saw it but during the trial they became hostile. The incident is said to have been seen by them in the electric light which was near the society office. After the incident was over the informant ran to his house. At his house Maruti Magne and Jagannath Burgale, P. W. 12 came to see him. He told them to send information to his brother Sadashiv at Sangli for sending a truck. Maruti and Jagannath brought back the bull of the informant and also told the informant that Babasaheb Hingmire who was lying unconscious in front of the society office had been removed to his house by Kaka Burgale P. W. 7 and others. Thereafter Maruti and Jagannath went away. At about 9. 30 p. m. the truck came to the informants house and on the same the informant and Babasaheb Hingmire came to Tasgaon. On the way the informants brother Sadashiv met them and sat in the same truck with them. 2-A. The F. I. R. of the incident was lodged by Shivling Ganpati Patil on 16-7-1981 at 1. 30 a. m. at Police Station Tasgaon. The F. I. R. is at Exhibit 21 and in the same the appellants and the acquitted accused have been named. On the basis of the F. I. R. Police Head Constable Bhupal Kamble registered an offence under section 307/326 read with 34 I. P. C. He sent both Shivling Patil and Babasaheb Hingmire for medical administration to the Medical Officer of Tasgaon.

(3.) P. W. 15 Dr. Dattatraya Kadam medically examined both Shivling Patil and Babasaheb Hingmire. The injuries of Babasaheb were examined by Dr. Kadam at 2 p. m. on 16-7-1981. The following injuries were found on his person :