DNYANDEO YADAVRAO BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of the appellants and the learned APP for the State.

(2.) Appellants have been convicted for the offence punishable under section 304, Part -II read with section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs.500/- and in default of payment of fine to suffer rigorous imprisonment for one month.

(3.) Prosecution case is that on 29/6/ 2008 the father of Ankush Bhosale (P.W.I) left the house at about 4.00 a.m. in the morning for answering the nature's call. In the FIR which was recorded, he has stated that his father Sadashiv Bhosale, aged 65 was mentally ill and in the fit of madness, he used to roam around the village and he also used to go to village called as Undavadi Supe which was about 3 to 4 kilometers from their house. He has stated in the FIR that after his father left the house at 4.00 a.m., he returned and again went out. At 5.30 p.m., he received a phone call and he was informed by the police constable that his father was detained near the house of Dnyandeo Gavali and he had asked him to go there for taking him away. Accordingly, P.W.I with P.W.4 went there on motor-cycle and found that his father was tied to the telephone pole and that he was injured. He requested him to release his father and, at that time, he informed him that his father had gone to Dhaba and had assaulted workers working at Dhaba. Thereafter, again P. W. 1 requested him to release his father and, accordingly, his father was released and he noticed that there were injuries on the hands and feet of his father. He was thereafter taken to the hospital. Dr. Bhapkar, upon examination, informed him that his father has died.