ARVIND GANAJAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Six full brothers have filed this appeal against the judgment and order dated 23rd February, 2001 passed in Session Case No. 151 of 1998, by the Additional Sessions Judge, Kalyan, holding all of them guilty of having committed murder of one Krishna Sakharam Patil (hereinafter referred to as "the victim" for the sake of brevity) and also of assaulting another person, Prabhakar Shankar Patil. They have been punished by the impugned order, accordingly.

(2.) The Session case arose out of two incidences, which according to the prosecution, took place on the same day within a period of about half an hour and were connected to each other. The six appellants were charged for commission of offence, punishable under section 147, 148, 302, 397 read with section 149 of Indian Penal Code and also under section 27 of the Arms Act. All the appellants have been punished under section 302, read with section 34 of Indian Penal Code and each of them is sentenced to suffer imprisonment for life and to pay fine of Rs. 15,000/- in default to suffer rigorous imprisonment of three years. All the accused are also convicted for commission of offence of assault and have been punished under Section 326 r/w 34 of Indian Penal Code. Each of them is sentenced on this count to suffer rigorous imprisonment for three years and pay a fine of Rs. 5,000/- each, in default to suffer further rigorous imprisonment for six months. The substantive sentences are ordered to run concurrently. The impugned order further states that all of them having been convicted for the principal offences read with section 34 of the Indian Penal Code, they are not convicted for the offences punishable under section 147, 148 and the principal offences read with section 149 of I. P. C. In other words, they are acquitted of these offences, including offence under section 27 of the Arms Act.

(3.) Pw 1 is projected as the sole eye witness of the second incidence, which resulted into, on the spot, death of the victim. PW 1 is also the complainant, on the basis of whose complaint C. R. No. II 39 of 1998 has been registered in the station diary at Sr. No. 25 at 8. 30 p. m. The A-1, A-2, A-3 were arrested on 13th April 1998 i. e. on the very next day of the incidence. A-4 was arrested on 17th April 1998, A-5 and A-6 were arrested on 25th May, 1998.