NARESH SAKHARAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is filed by Appellant Nos.1 and 2 against conviction and sentence for offences punishable under Sections 302, 307, 336, 337 and Section 34 of the Indian Penal Code read with Section 135 read with Section 37(1) of the Bombay Police Act.

(2.) The Appellants have challenged the judgment dated 19.7.2001 of the Additional Sessions Judge, Thane, convicting them for life under Section 302 read with Section 34 of the IPC and for payment of Rs.1,000/ each and in default to suffer further rigorous imprisonment for one year. They have also been convicted under Section 307 read with Section 34 of the IPC and sentenced to suffer rigorous imprisonment for 9 months for offence committed under the said section. They are further convicted under Section 135 read with Section 37(1) of the Bombay Police Act and sentenced to suffer rigorous imprisonment for 6 months and to pay a fine of Rs.100/ each and in default, to suffer further rigorous imprisonment for one month. The substantive sentences have to run concurrently. The sentences in default of fine are to run consequitively under the impugned judgment.

(3.) It has been the case of the prosecution that on 24.6.1997 at about 9 p.m. the Appellants were engaged in a hot exchange of words with one Kailas Patil, who was their employee and one Kaluram and his nephew one Pralhad intervened to pacify the hot exchange of words between them. It is the case of prosecution that at that time, Appellant No.1 with an intent to kill, dealt a blow with kudal on the head of the said Pralhad and Appellant No.2, with intent to kill, dealt an axe blow on the head of his uncle Kaluram. This resulted in the death of Kaluram and serious injuries to Pralhad. They were shifted to the Singhania hospital. The Police were called in. Kaluram succumbed to his injuries. Thereafter Pralhad recovered. Pralhad lodged a complaint in the early morning hours of the next day in the hospital itself. The earlier charge under Section 307 came to be altered to the charge under Section 302 of the IPC upon the death of Kaluram.