PANDIT ANANDA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are directed against judgment and order passed by the learned Ist Adhoc Additional Sessions Judge, Dhule, in Sessions Case No.61 of 1992 decided on 24.07.2006. Criminal Appeal No.553 of 2006 is filed by original accused No.5-Pandit being aggrieved by his conviction under Section 302 and 307 of the I.P.C. and sentence to suffer imprisonment for life and to pay a fine of Rs.2000/- in default to undergo rigorous imprisonment for three months for offence under Section 302 of the I.P.C. and sentence to suffer rigorous imprisonment for 10 years and to pay fine of Rs.1000/- in default to undergo rigorous imprisonment for one month for offence under Section 307 of the I.P.C. Criminal Appeal No.763 of 2006 is filed by the State for enhancement of sentences awarded to said accused No.5-Pandit. The State Government had also filed Criminal Appeal No.762 of 2006 against acquittal of other accused persons, but same was dismissed at the stage of admission.

(2.) Original accused No.5-Pandit (hereinafter referred to as "appellant-Pandit") was convicted for causing deaths of his uncles Dipchand Deoram Patil, Shivlal Deoram Patil and Narayan alias Nanabhau Deoram Patil. He is convicted of attempting to commit murder of complainant P.W.1-Yashwant Ananda Patil and other witnesses.

(3.) Originally six accused persons were put on trial. Certain facts can be stated as undisputed as regarding them many witnesses have deposed and the defence does not dispute them. Thus, accused No.1 Ananda had brothers, namely, deceased Narayan alias Nanabhau, deceased Dipchand and deceased Shivlal. Accused No.2 Panabai is wife of accused No.1 Ananda. Accused No.4-Milind is his grandson. Accused No.5-Pandit is son of accused No.1 Ananda. Accused No.3-Rajendra Sitaram Shinde is son-in-law of accused No.1. Accused No.6 Vidhyabai is daughter-in-law of Ananda being wife of his another son Vishwas. Ananda has six sons in all, namely, Atmaram who is father of accused No.4-Milind, present appellant-Pandit, P.W.1-Yashwant, Vishwas-husband of accused No.6-Vidhyabai, Devidas and Baliram. Pandit was serving at Pune at the relevant time and it is also defence case that on 11.04.1992 he had come to village Chhadwel (Korde), Tal. Sakri, Dist. Dhule for attending a fair at nearby temple. P.W.8-Kedji is son of Rupchand, who was brother of accused No.1-Ananda. Rupchand had died prior to the incident. P.W.14-Sarla is daughter of deceased Dipchand. There is no dispute regarding above said relationship.