PANDIT VANDAR PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the Judgment and order dated 29-7-1994 passed by the Sessions Judge, Thane, in Sessions Case No.311 of 1988 convicting and sentencing him in the manner stated hereinafter :- (i)Under section 324 IPC to one year R. I. and to pay a fine of Rs. 100/- in default to suffer R. I. for one month; and (ii)Under section 302 IPC to imprisonment for life and to pay a fine of Rs. 100/- in default to suffer R. I. for 3 months. The substantive sentences of the appellant were ordered to run concurrently.

(2.) IN short, the prosecution case is that on 4-2-1988 at about 9 . 30 p. m. she-buffaloes of the informant Kathod Ganpat Patil caused damage to the thatched wall and roof of the hut of the appellant who became enraged as a result thereof. Immediately thereafter, the appellant along with the three acquitted accused namely Raghunath Mahadeo Patil, Dayandeo Mahadeo Patil and Waman Mahadeo Patil and one accused who died prior to the commencement of the trial, namely Shankar Patil came and started giving filthy abuses to INdubai the mother of the informant. It is said that the appellant and others were armed with knives. When the informant tried to intervene, the appellant inflicted two knife blows on his arm. The informant raised cries "oh mother Oh mother". On hearing the same, INdubai mother of the informant came and thereupon the appellant inflicted a knife blow on her person. Thereafter, the appellant and his associates are said to have run away. This incident, apart from the informant was seen by P. W. 2 Muktabai Bhoir and P. W. 3 Bhaskar Patil.

(3.) THE investigation was conducted in the usual manner by P. I. Vijay Pandit P. W. 16 and P. I. Tukaram Yedge P. W.17. During the course of investigation, blood-stained weapons of assault were recovered on the pointing out of the appellant and the acquitted accused persons.