SANJAY PRAKASH PATIL Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) Bapu Santosh Patil @ Rajput ( accused no.1), Sanjay Prakash Patil ( accused no.3) and Sunil Sursing Patil ( accused no.4) are convicted for having committed offences punishable under sections 147, 148 and 302 read with 149 of the Indian Penal Code ( IPC for short) for committing murder of Sachin Sursing Patil in the prosecution of their common object along with their associates. For the first offence the appellants are sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.1000/- each. For the second offence they are sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1500/- each and for the third offence they are sentenced to suffer imprisonment for life and to pay fine of Rs.5000/- each. Sentence of fine carries default stipulation for non payment. These accused are acquitted of the offences punishable under sections 324 and 325 read with 149 of IPC and section 4 read with 25 of the Arms Act. Santosh Tulsiram Patil ( accused no.2), Chandrakiran Nandu Sonawane ( accused no.5) and Jitendra Chotulal Jadhav ( accused no.6) were acquitted of all the offences with which they were charged. Aggrieved by the order of conviction and sentence dated 4th August 2004 passed by IInd Ad-hoc Additional Sessions Judge, Jalgao; Criminal Appeal No.630 of 2004 is filed by Bapu Patil ( accused no.1) and Sunil Patil ( accused no.4). Criminal Appeal No.616 of 2004 is filed by Sanjay Patil (accused no.3). The State has preferred Criminal Appeal No.872 of 2004 against acquittal of accused nos. 1, 3 and 4 for offences punishable under sections 324 and 325 read with 149 IPC and Criminal Appeal No.873 of 2004 against acquittal of accused nos. 2, 5 and 6 of the offences with which they were charged. All these appeals arise out of the same order of conviction and sentence. The appeals are thus decided by a common order. The appellants and respondents are referred to as the accused to avoid confusion.

(2.) We may notice few relevant facts.

(3.) On return of P.S.I. Sitaram Jadhav ( P.W.16) to Police Station from patrolling at about 12.30 a.m. PSO informed him about the occurrence. He immediately went to the scene of occurrence and left for Civil Hospital, Jalgao, as he was informed that the injureds are taken to the hospital. On reaching the hospital at about 1.30 a.m. he recorded complaint of Vijaysing ( Ex.46) as he came to know that the injured has expired. On the basis of this complaint offence was registered under sections 147, 148, 302, 324 read with 149 IPC and section 4 read with 25 of the Arms Act and the investigation was taken over by PSI Jadhav. The investigating officer held inquest on the dead body of Sachin ( Ex.37) and sent it for the postmortem. Autopsy was performed by Dr.Sonawane. He found that the deceased suffered 37 external injuries. The autopsy surgeon prepared postmortem report ( Ex.57) opining that the cause of death was cardio respiratory failure and haemorrhagic shock due to multiple stab wounds. Medical Officer Dr.Prabha Badgujar found that Bharat sustained incised wound on sternum of the size 2" x 1/2" ( Ex.88) and Ramesh had suffered incised wound with fracture of middle condoyle of the left elbow ( Ex.89).