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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 479 OF 2000

The State of Maharashtra

]

...Appellant

(orig. Complainant)

VERSUS

1.

Shivaji Daulu Patil,

]

40 yrs.

]

2.

Hindurao Daulu Patil,

]

42 yrs.

]

3.

Ganpati Daulu Patil,

]

45 yrs.

]

4.

Sanjay Ganpati Patil,

]

22 yrs.

]

5.

Sunil Dattatraya Patil,

]

22 yrs.

]

6.

Ranjit Pandurang Patil,

]

18 yrs.

]

All R/o. Bidro, Tal. Kagal

]

Dist. Kolhapur

]

...Respondents

(Orig. Accused)

***

Mrs. M.M. Deshmukh, APP for Appellant – State.

Mrs. S.A. Ingawale for Respondent Nos. 1 to 6.

***

CORAM : S. S. SHINDE &

V. G. BISHT, JJ.

RESERVED ON : 18^th FEBRUARY 2020

PRONOUNCED ON : 02^nd MARCH 2020

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JUDGMENT (PER S. S. SHINDE, J)

1.

This Criminal Appeal is directed against the judgment and order

dated 22^nd November, 1999 in the Sessions Case No. 167 of 1997. passed by

the IInd Additional Sessions Judge, Kolhapur thereby acquitting all the

Respondents herein – Orig. Accused, of the offences punishable under

Sections 147, 148, 302 read with Section 149 of the Indian Penal Code

(hereinafter referred to as “IPC”).

2.

The prosecution case, in nutshell, is as under:

Shivram Laxman Patil (deceased) as well as the accused are

from village Bidri, Taluka Kagal. It is the case of the prosecution that, three

years prior to an alleged incident, nephew of Shivram namely Shamrao

Dadu Patil purchased the land of one Ganpati Krishna Jitkar to the extent of

17 R from Gat No. 144 situated at Bidri. At the relevant time one Tulsabai

Pandurang Patil r/o. Bidri was claiming her right over the said agricultural

land and therefore, the dispute between said Tulsabai and Shamrao Dadu

Patil was pending in the Civil Court of Kagal. One of the accused i.e. Shivaji

Daulu Patil (A 1) was witness in the said civil matter between Tulsabai and

Shamrao Dadu Patil whereas Shivram (deceased) was also party in that suit.

On account of Civil dispute between both the parties quarrel had taken

place prior to the incident between them and it is alleged that, Shivaji Daulu

Patil (A 1) had assaulted brother of Shivram (deceased) namely Dadu

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Laxman Patil with an axe and since then there is no dispute between both

the parties.

3.

On 26^th October, 1996 at about 8.30 to 9.00 p.m the alleged

incident took place. There was an entertainment program of one ‘Shahir’ at

village Bidri on the occasion of Kojagiri Pornima on a stage of Matang

community. Shivram (deceased) had been present there to watch the said

program. It is alleged that at that time Shivaji Daulu Patil (A 1) assaulted

Shivram with an axe and Ganpati Daulu Patil (A 3) gave blows of stick on

back and Hindurao Daulu Patil (A 2) gave blow of a sword on right thigh of

Shivram. Other accused namely Sanjay (A 4), Sunil (A 5) and Ranjit (A 6)

gave fist blows and kicks to Shivram.

4.

After occurrence of the said incident, same was informed to the

son of Shivram who arrived on the spot with the Maruti Car of one Ajit Patil

and an injured Shivram was taken to C.P.R. Hospital, Kolhapur for

treatment. After Shivram was admitted in the hospital, medical officer Dr.

Sudarshan Patil (PW 6) gave information about the admission of Shivram in

the hospital to the Police Chowki of C.P.R. Hospital. After information given

to the police, the police head constable Dhaku Nagu Warak (PW 9) working

in C.P.R. Police Chowki and who was on duty at the relevant time had been

to O.P.D Ward along with Police Constable Dhanwade. It is the prosecution

case that Dhaku Warak (PW 9) recorded statement of Shivram with the

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permission of medical officer Dr. Sudarshan Patil (PW 6). Thereafter,

Shivram had put his thumb impression below the said statement. After

recording the statement of Shivram, police head constable Dhaku Warak

(PW 9) prepared a report which was reduced into writing