TUKARAM RAMA PATIL Vs. PANDURANG NARAYAN PATIL

JUDGEMENT

(1.) Heard learned Counsel for the parties. Perused the record and proceeding.

(2.) This revision application is filed against the judgment and order of acquittal passed by the learned additional Sessions Judge, Thane in Sessions Case no. 421/1992 for the offence punishable under Section 147, 148,149,302 r/w section 34 of Indian Penal Code.

(3.) The prosecution case, in brief, is that in the election of Municipal Corporation Thane, from ward No. 80 five persons from Congress Party were interested in being candidate. They included the present applicant, balaram Patil, Tukaram Patil and respondent No. 5 gopinath. All the 5 aspirants had contributed Rs. 5000/- for the expenses of the election. The amount was deposited with P. W. 2 Sakharam Patil, who was the president of Congress Party for that area. The amount was given to the candidate, who would be nominated by the congress party and who would contest the election. Respondent No. 5 Gopinath was declared Congress Party candidate. He contested the election but was defeated. He demanded amount of Rs. 25,000/- from Sakharam Patil but it was opposed by other 4 persons. For this purpose, a meeting was held on 15/3/1992 in the office of Congress Party. It is alleged that respondent No. 5 gopinath abused the persons who were opposing the payment of the amount to him. He also abused applicant tukaran Patil. Therefore, Madhukar S/o Tukaram intervened. On this, accused No. 3 Barku assaulted on the head of Madhukar, with a cricket bat, while accused no. 1 Pandharinath assaulted with iron rod. Other three accused, being accused Nos. 2,4 and 5, gave fist and kick blows to him. Due to the head injury, he fell down. He was taken to the different hospitals and finally, on the same day he died because of head injury. The report was lodged by the present applicant and the offence came to be registered. After investigation charge sheet was filed and respondent No. 1 to 5 were put to trial. On behalf of prosecution in all 8 witnesses were examined. Out of them, P. W. 1 to 5 were eye witnesses. P. W. Sakharam did not support the prosecution case and was declared hostile. P. W. 1 tukaram, who is present applicant, P. W. 3 Balaram, P. W. 4 Bhagwan and P. W. 5 Sitaram supported the prosecution case with slight variances. P. W. 7 Dr. Pravin Bagal was Autopsy Surgeon and he proved the cause of death. P. W. 8 was investigating officer Viswas Marathe. P. W. 6 bhima was a panch witness. The learned Additional sessions Judge after scrutinising the evidence found that the evidence of P. Ws. 1, 2, 4 and 5 was not reliable and in the result he passed the order of acquittal in favour of the accused persons.