PANDURANG DADU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE all these matters arise out of the same incident, and a common impugned judgment, we are disposing them off by one judgment.

(2.) ACCUSED Ramhari Hasabe, Pandurang Dadu Patil, Krishnadeo Namdeo Shinde and Ashok Shripati Shinde were charged by the Additional Sessions Judge, Sangli for an offence punishable under section 302 read with 34 I. P. C. , in Sessions Case No. 9 of 1984. The Additional Sessions Judge, Sangli convicted Pandurang Dadu Patil for an offence punishable under section 326 I. P. C. and sentenced him to undergo one years R. I. and to pay a fine of Rs. 1000/- in default to suffer one year R. I. Criminal Appeal No. 975 of 1984 has been preferred by Pandurang Dadu Patil against his aforesaid conviction and sentence. While admitting Criminal Appeal No. 975 of 1984, and granting bail to Pandurang Dadu Patil, Khatri, J. , was pleased to issue notice for enhancement of sentence and Criminal Revision Application No. 5 of 1985 arises out of the said notice. Criminal Appeal No. 998 of 1984 has been preferred by the State of Maharashtra against acquittal of all the four accused for the offence punishable under section 302 read with 34 I. P. C. Criminal Appeal No. 999 of 1984 has been preferred by the State of Maharashtra for enhancement of the sentence of the accused persons. We have already mentioned the sentence which the Additional Sessions Judge, Sangli had awarded to the appellant Pandurang Dadu Patil. It is pertinent to point out that he had found the accused Ramhari Hasabe, Krishnadeo Shinde, and Ashok Shinde guilty of an offence punishable under section 324 r/w 34 I. P. C. and had sentenced them to undergo S. I. for one day and to pay a fine of Rs. 1000/- in default suffer R. I. for one year each.

(3.) BRIEFLY stated the prosecution case runs as under :---Accused Ramhari Hasabe and P. W. 10 Bhagwan are real brothers. They lived in village Hivare, Taluka Khanapur, in District Sangli. They had inherited some landed property. They owned a house in the village wherein Bhagwan used to reside with his mother and wife. Ramhari was residing in the farm-house situated in the land known as "wanyach Mala" It is said that there was no love-lost between Ramhari and Bhagwan and the former wanted to grab the share of the property of the latter. It is said that Ramhari refused to give Bhagwan, the share in the joint family property. Ramhari is said to have sold one of the pieces of land to accused Pandurang contrary to the wishes of Bhagwan. All this aggravated bitterness between him and Bhagwan. Relations had degenerated to such an extent that Ramhari, Pandurang and his father assaulted Bhagwan and the latter had initiated criminal proceedings. It is said that Bhagwan took shelter in the house of the deceased Shankar. It is also said that Bhagwan took the stand that he had been given one acre of land from "wanyach Mala" and he used to cultivate the said land with the help of Shankar and his son Tanaji the complainant P. W. 3. On 25-9-1983, at about 2 p. m. Bhagwan went to Wanyach Mala for reaping hybrid jowar crop along with his mistress Shantabai and the deceased Shankar. At that time, accused Ramhari, Pandurang, Ramharis sisters son Krishnadeo and Ramharis brother-in-law Ashok came there. All of them started abusing Shankar. Shankar asked Bhagwan to inform Tanaji. Accordingly, Bhagwan went to the house and came running alongwith Tanaji. While they were on their way, they found that accused Pandurang, hurled a stone on Shankar which struck him near his left ear and eye and resulted in his falling down. They also saw that Ramhari and Ashok were assaulting Shankar with stones and Krishnadeo was assaulting him with stick, on the back. It is said that Shantabai mistress of Bhagwan, P. W. 10, who was standing nearby raised an alarm hearing which Tulsiram and some others came on the place of the incident and saw the incident. Thereafter, the accused persons are said to have run away. It is said that Tulsiram and others found that Shankar was lying unconscious and blood was oozing out from his eyes, mouth and shoulder. They tried to give him some water but, he did not drink it. Thereafter, Shankar was removed on a bullock-cart and taken to Khanapur and from there to Vita. He succumbed to his injuries in Primary Health Dispensary, Vita.