LAWS(BOM)-1998-1-114

SIDRAM DATTU PATIL Vs. STATE OF MAHARASHTRA

Decided On January 14, 1998
Sidram Dattu Patil Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) ON 24th October, 1992 deceased Dattu was sitting in the courtyard of his house in village Gavan with his daughters Balutai (PW-1) and Rajakka (PW-2). The accused Sidram is the son of deceased Dattu. On that fateful day, he returned home at about 5.00 p.m. He demanded money from his father for liquor. Dattu declined to give money. The accused therefore got agitated and picked up the walking stick of Dattu lying in the courtyard and gave a blow on the head of Dattu. When Balutai and Rajakka tried to intervene, Balutai received a blow of stick on her shoulder. Thereafter the accused was over-powered by Balutai and Rajakka with the help of their mother and his hands were tied. The mother of the accused then went to the village and informed about the incident to the family acquaintances. In response to the information given by the mother of the accused, Ananda Patil (PW-3) came to the house. Thereafter accused Dattu and Ananda went to the police station and lodged a complaint against the accused. Police then came to the village and took the accused to the police station.

(2.) IT appears that in the night Dattu started complaining about severe headache and stomachache but for want of vehicle he could not be taken for medical assistance. On the next day morning, he was brought to Civil Hospital, Sangli and within three hours he died. The police who had initially registered the complaint of the deceased as N.C., again re-registered the same as cognizable offence and investigation was thereafter carried out by PSI Patil. After completion of the investigation, the accused was chargesheeted under sections 302 and 324 of the Indian Penal Code (I.P.C.)

(3.) THE prosecution case, as noticed above, emerges from the testimony of PW-1 Balutai and PW-2 Rajakka. With the assistance of the learned Advocates for the parties, we have gone through the evidence of both the witnesses and find that their evidence is cogent and trustworth. Both these witnesses have given consistent evidence and they appear to be reliable and trustworthy. It is not disputed by the defence that prior to the incident PW-1 and PW-2 had come to the house of the deceased for Diwali on the invitation given by the accused himself and their presence is thus most natural. Being the sisters of the accused, they had no reason to falsely implicate the accused in the present case. The trial Court has accepted their evidence and we do not see any reason to take a different view. The prosecution has thus established beyond any doubt that the fatal blow was given by the accused to the deceased Dattu. What offence then the accused be said to have committed ?