NARESH DEVILAL PATLE Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2017-3-78
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on March 07,2017

Naresh Devilal Patle Appellant
VERSUS
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

B.R.GAVAI,J. - (1.) The accused has been convicted for the offence punishable under Section 302 of the Indian Penal Code for committing murder of his wife Yogeshwari, his sister-in-law Puneshwari and his brother-in-law Manoj and sentenced to suffer imprisonment for life and to pay fine of Rs. 25,000/-, in default to suffer simple imprisonment for one year for each of the murders. He has also been convicted for the offence punishable under Section 307 of the Indian Penal Code for attempt to commit murder of his father-in-law Ramchandra and sentenced to suffer R.I. for ten years and to pay fine of Rs. 10,000/-, in default to suffer simple imprisonment for six months. Being aggrieved by the aforesaid conviction and sentence, the appellant challenges the judgment and order dated 18.03.2015 passed by the learned Additional Sessions Judge, Gondia.
(2.) The prosecution story as could be gathered from the material placed on record is thus:- PW2 Ramchandra is a first informant. He had two daughters and one son Manoj. His daughter Yogeshwari was married to accused Naresh in the year 2010. Puneshwari and Manoj were unmarried. Manoj was working as a driver. On 2.8.2012 accused and Yogeshwari had come to the house of PW2 Ramchandra on the occasion of Rakhi festival and staying in the house of PW2 Ramchandra. On 4.8.2012 his daughter Yogeshwari told PW2 that the accused was harassing her and demanding Rs. 50,000/- from her. PW2 told the accused that he was not in a position to arrange for money every time and he should not harass his daughter. Thereafter he and his wife left the house for Chota Gondia for attending the post funeral rituals of his relative. Since it was raining, he asked his son Manoj to drop his wife by four wheeler and accordingly he dropped his wife to Murri Chowk and went for his work. After his wife came at Murri Chowk, they proceeded towards Chota Gondia on a motorcycle. At about 4.15 p.m. PW2 Ramchandra received a phone of PW5 Pintu Yele from the phone of PW4 Sumit Patle asking him to return to the village immediately. As such he rushed to the village alone by motorcycle. When he came near his house, near the shop of Ratan Baghele the accused was moving the keys of his house by his fingers and he said that "Ye Teri Gharki Chabi Le Our Jake Dekh Le Tere Tino Bacchoka Dher Gira Diya Hamesha Ka Kissa Khatma kar Diya " Accordingly he took the keys, opened the lock and saw the children in the pool of blood in the inner side room of his house. He also noticed the axe, iron rod and an iron pipe in the room having blood stains over it. PW2, therefore, accosted the accused as to what he has done. The accused picked up the axe and came to assault him. However, in order to save himself, he ran from the backside door of his house. He met Sumit Patle. Accordingly they rushed to the house of Police Patil to narrate the incident. He went to the Police Station and lodged the report. On the basis of the oral report, the investigation was set into motion. The accused was beaten by the villagers after the crime and he was taken into custody by the Police Patil himself. He was arrested by Police and sent for medical treatment. At the conclusion of the investigation, a charge-sheet came to be filed in the Court of the learned Judicial Magistrate First Class, Gondia. Since the case was exclusively triable by the learned Sessions Judge, same came to be committed to the learned Sessions Judge, Gondia.
(3.) The charge was framed against the accused below Exh.4 for the offence punishable under Sections 302 and 307 of the Indian Penal Code. He pleaded not guilty and claimed to be tried. He took the plea of alibi and stated that he was falsely implicated. At the conclusion of the trial, the learned trial Judge passed the order of conviction and sentenced the appellant as aforesaid. Being aggrieved thereby, the present appeal.;


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