NARAYAN BALA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal filed by original accused Nos. 1 to 4, appellants 1 to 4, herein against the judgment and order dated 13/12/1999, passed by Vth Additional Sessions Judge, Sangli, in Sessions case No. 92/1995 and thereby convicted the appellants under section 302,307 r/w section 34 of Indian Penal code and sentenced them to suffer rigorous imprisonment for life and seven years respectively, and has passed and other related orders. Therefore, this appeal against the order of conviction.

(2.) FACTS :- The facts in a nutshell are that on 29/1/1995 at about 11. 30 a. m. in village Dhavali, Tal. Miraj, Dist. Sangli, appellants-accused 1 to 4 with the accused No. 5 Chhabutai, assaulted deceased Ananda Bala patil, the real brother of accused No. 1, Narayan bala Patil and Krishnarao Anand Patil, who is son of Ananda ba;a Patil, of sudden quarrel, over the partition of the ancestral property. On 29/11/1995 the deceased Anand Bala Patil had gone to Miraj at about 8 a. m. and instructed his family members not to pay any head, if Narayan Bala Patil does anything or picks up any quarrel. The complainant Kanthabai, P. W. 1, Appaso patil, her sister-in-law Surekha Krishnarao Patil, P. W. 3, Sakhubai Dattu Gavankar, P. W. 3, real sister of the deceased and accused No. 1, and the disabled brother of the deceased and accused No. 1, Shri Govind were in the house. Appaso the elder son of the deceased and his mother Rukmini had gone to the land. Accused No. 1 narayan Bala Patil, suddenly came and locked the northern side door of the house of the deceased, from outside. At about 11. 30 a. m. deceased returned from miraj with his younger son Krishnarao P. W. r and the complainant Kantabai told them that Narayan locked the front door from outside. Deceased Anand Bala Patil therefore, took a hacksaw blade from the house and went to the front door to cut the lock. The accused No. 1, however, resisted and asked the deceased not to cut the lock. The complainant and other witnesses went towards the corridor where deceased Narayan Patil were quarrelling. The accused Nos. 2 to 4 who are the sons of accused Narayan Bala Patil, also came there. The wife, (accused No. 5) of the accused had also came there. The accused No. 1, Narayan Patil and accused No. 2 Sanjay had sickles in their hands. Accused No. 3, rajendra had knife. Accused No. 4, Vijay, had gupti in his hand. The exchange of words led into the quarrel between the deceased and accused No. 1 and in that process accused No. 1 gave blow of the sickle on the head of the deceased and same was witnessed by Krishnarao Patil, complainant Kantabai, sakhubai and Surekha. Accused No. 5 Chhabutai was beating the above ladies by hands and pushed Kantabai forcibly on the ground. Complainant tried to intervene. The brother of deceased Govind P. W. also tried to intervene but accused Rajendra and Vijay pushed him aside. The accused No. 1 Narayan Bala and his sons were continuously beating the deceased. The neighbourers, shri Babu Patil Tanaji Patil, Ankubai Patil and Keshav patil and others gathered an the spot. The complainant, kantabai, and Surekha went to the police station at miraj. On the way Appaso, younger son of deceased and rukmini the wife of deceased met them. Kantabai and surekha told them about the incident and went ahead towards the police station. On the way they saw police jeep and therefore, by hand signal they halted the said jeep and informed about the incident. Appaso and rukmini rushed towards the spot. Kantabai and Surekha, as directed went to the police station and police jeep proceeded towards the incident. The police jeep came back and these two ladies were taken in the jeep, where the accused were present. The injured was also in the jeep. Krishanarao informed to Kantabai and Surekha that his father succumbed to the injury on the spot. They all went to the police station. The injured Surekha and krishnarao were sent to the hospital. Kanthabai therefore, lodged complaint at the Police station, Exh. 41, which was registered as Cr. No. 11/1995. The investigation was carried out by A. P. I. Shri Bhandare p. W. 14. On the spot, P. W. 14, Bhandare went along with the complainant, inspected the dead body of Anand patil, which was lying in the pool of blood. The inquest panchanama Exh. 21 and the scene of offence Exh. 78 were drawn in presence of the panchas. The dead body was sent to the Civil Hospital, Sangli, for post mortem. The blood samples were also collected and sealed. The investigating Officer Shri Bhandari recorded the statements of witnesses. The accused Nos. 1 to 3 were arrested under the arrest panchanama Exh. 83. Clothes on the person of accused No. 1 to 3 were also attached.

(3.) ON 30th January, 1995 the statements of 18 witnesses were recorded. At the instance of accused no. 1, sickle (article NO. 5) was seized under panchanama exh. 102. The article No. 6 a sickle was seized under panchanama Exh. 22 at the instance of accused Sanjay exh. 22a. A knife was recovered at the instance of accused Rajendra (Exh. 71) and (article No. 7 ). Accused vijay was arrested on 1/2/1995 Exh. 74. The clothes of accused Vijay were also attached Exh. 23 on 2/2/1995. The weapon was recovered at the instance of accused vijay (statement Exh. 25) was seised vide panchanama exh. 83. The blood samples were taken on 3/2/1996,. On 6/3/1995 accused No. 5, Chabutai was arrested under the arrest panchanama Exh. 75 and her blood sample was taken on 8/3/1995. Her clothes were also seized vide memorandum panchanama Exh. 24. The blood samples of the injured persons Shri Kirshnarao and Surekhabai were also taken on 20th March, 1995. Immediately, the articles were sent to the Chemical Analyser, Pune an 9/4/1995. The C. A. Reports is produced on 26/7/1995 (Exh. 104 to 111 ). After due investigation, the relevant charges were framed against all the accused. Their defence was of total denial in the statement under Section 313 of cr. P. C. They stated to have been falsely implicated in the case.