ISHWAR YADAV PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The original accused Nos. 1 and 2 who are convicted of offence punishable under Section 302 read with Section 34 of Indian Penal Code (IPC) and sentenced to suffer imprisonment for life and to pay fine of Rs. 2000/-, in default to suffer rigorous imprisonment for six months by Vth Additional Sessions Judge, Jalgaon in Sessions Case No. 77 of 1991 decided on 18th September, 1992, have preferred this appeal.

(2.) Briefly stated it is prosecution case that deceased Suresh Dattatray Patil was resident of village Waghlud. His father Dattatray Mohan Patil and Manohar Amrut Patil (PW-13) have adjoining fields. Suresh was a boy of 17-18 years age. Prior 15 days of the incident on 19.01.1991, Hybrid Jawar crop from the land of Manohar Amrut Patil (PW-13) was cut and stolen away. Deceased Suresh told Manohar (PW-13) that the present appellants Ishwar and Kailash had cut his Hybrid Jawar Crop and therefore Manohar (PW-13) called both the appellants in his house in presence of deceased Suresh and questioned them. Since they admitted, PW-13 - Manohar beat both of them and warned not to indulge in such things in future. This was stated to be motive for causing death of Suresh by the present appellants.

(3.) On 19.01.1991 the day on which incident had taken place PW-6 - Dhanaraj along with Shivaji Yadav Patil had gone to the field of Shivaji Yadav at about 11=00 a.m. which was adjoining the field of Dattatray Mohan Patil - the father of deceased Suresh. There deceased Suresh came and told them that both the appellants had touched sickle to his neck and threatened to kill him. At that time PW-6 - Dhanaraj Patil and Shivaji Yadav advised deceased Suresh not to go to that side (where incident had occurred).