STATE OF MAHARASHTRA Vs. MANOHAR YESHWANT PATIL

JUDGEMENT

(1.) SINCE both these matters arise out of the same set of facts and a common impugned judgment, we propose disposing them of by one judgment.

(2.) THE appellant aggrieved by the judgment and order dated 16-1-1984 passed by the Additional Sessions Judge, Kolhapur, in Sessions Case No. 69 of 1983, acquitting the respondents for the offence punishable under section 302 r. w. section 34 I. P. C. and alternatively for the offence under section 302 I. P. C. has came up in appeal before us under section 378 (1) of Cr. P. C. The said appeal is numbered as Criminal Appeal No. 326 of 1984. It may be mentioned that appeal against respondent No. 4 stands abated vide orders of this Court dated 31-3-1987. By the said judgment, the trial Judge issued notice of perjury to the three eye witnesses namely Maruti Shripati Patil, P. W. 1, Prakash Shivram Patil, P. W. 2 and Santu Hari Kambale, P. W. 3. His finding in paragraph 23 of his judgment is that the said witnesses have perjured and joined hands in order to seek their political vengeance against the accused persons (Respondents ). Criminal Revision Application No. 156 of 1984 has been preferred by Maruti Shripati Patil P. W. 1 with a prayer that the said notices of perjury issued to him and the other two eye witnesses be quashed.

(3.) BRIEFLY stated the prosecution case runs this; Deceased Shivram Ravji Patil, P. W. 1 Maruti Shripati Patil, P. W. 2 Prakash Shivram Patil, P. W. 3 Santu Hari Kambale and the respondents are the residents of village Mahalunge situated in Tal. Karvir in District Kolhapur. The deceased and the said eye witnesses belonged to one political group (led by the deceased) and the respondents belonged to another political group (led by respondent Sadashiv Laxman Patil ). There was enemity between the two groups. The incident in question is alleged to have taken place on 10-4-1983 at about 10. 00 a. m. in village Mahalunge. On the said date at about 8. 00 a. m. the deceased Shivram Ravji Patil had gone to his field lying towards southern side of his house. At about 10. 00 a. m. when he was returning from his field, and was about 100 ft. from his house, the respondents all of sudden emerged from Kondiba Dhondirams house. They stood in front of him. Respondent Manohar questioned him as to how the members of his society were selling milk to his dairy. He replied that it was better if he asked this from the members of his society who were selling milk. On this respondent Manohar said that he would teach him a lesson; caught hold of his shirt; and felled him on the ground. He then sat on his chest; started throttling him and assaulting him by inflicting blows on his face. The other 3 respondents started inflicting blows with fists and kicks on his stomach and thighs. This incident is alleged to have been seen by Maruti Shripati Patil, Prakash Shivram Patil and Santu Hari Kambale. On seeing the witnesses the respondents are said to have run away. Thereafter, the three eye witnesses shifted Shivram, who was unconscious, to his house and gave him some water. P. W. 8 Atmaram Patil went and called Dr. Kanbarkar who on examining Shivram found him dead.