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Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1227 OF 2005

Kamlakar Devidas Patil

Age 30 years,

Residing at Khambala, Post Dabhad

Taluka Bhivandi, District-Thane

..Appellant

Vs.

The State of Maharashtra

At the instance of Padgha Police Station

...Respondent.

WITH

CRIMINAL APPEAL NO.1229 OF 2005

Devidas Vasudev Patil

Age 30 years,

Residing at Khambala, Post Dabhad

Taluka Bhivandi, District-Thane

...Appellant.

Vs.

The State of Maharashtra

At the instance of Padgha Police Station

...Respondent.

WITH

CRIMINAL APPEAL NO.1087 OF 2005

Tarun Devidas Patil

Age 30 years,

Residing at Khambala, Post Dabhad

Taluka Bhivandi, District-Thane

...Appellant.

Vs.

The State of Maharashtra

At the instance of Padgha Police Station

...Respondent.

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Mr. M.S. Mohite a/w Mr. Ashish Sawant for Appellant in Appeal

No.1227/2005.

Miss. Rashmi Gagwani i/b Mr. Ganesh Gole for Appellant in Appeal

No.1229/2005.

Dr. Yug Mohit Chaudhary a/w Mr. Dashrath Gaikwad and Mr. Chetan Mali

for Appellant in Appeal No.1087 of 2005.

Mrs. S.D. Shinde, APP for Respondent-State in all appeals.

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CORAM: P. V. HARDAS &

A.S. GADKARI, JJ.

FEBRUARY 11, 2014.

ORAL JUDGMENT (Per P.V. Hardas, J.):

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Appellants, namely, accused-Kamlakar Devidas Patil appellant

in Criminal Appeal No.1227 of 2005, accused-Devidas Vasudev Patil

appellant in Criminal Appeal No.1229 of 2005 and accused-Tarun Devidas

Patil appellant in Criminal Appeal No.1087 of 2005 by this appeals

challenge their conviction and sentence for offence punishable under

Sections 302 read with 149, 147 and 148 of Indian Penal Code (IPC) and

sentenced to imprisonment for life and to pay fine of Rs.5,000/- each, in

default of which to undergo further RI for 3 months, by IV Additional

Sessions Judge, Thane, by judgment dated 29.10.2005 in Sessions Case

No.198 of 2004, Sessions Case No.461 of 2004 and Sessions Case No.332

of 2003 respectively.

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2

Though these appeals have been rendered in 3 sessions cases,

the said sessions cases pertain to the same incident, and since the evidence

in all three sessions cases is common, these appeals are being decided by

this common judgment.

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The facts in brief, as are necessary for the decision of this

appeal, may briefly be stated thus:

(i)

PW-9 API Hitendrasingh Patil who was attached to Padgha

police station in February 2003, carried out the investigation in respect an

offence which was registered on the basis of the report of PW-3 Sushila at

Exhibit-24. Upon registration of the offence i.e. crime no.10 of 2003, he

proceeded to the scene of the incident. Inquest panchanama has already

been drawn by PSI Patil at Exhibit 25. PW-9 API Patil had recorded the

statements of the witnesses and on 5.2.2003, arrested accused Tarun,

accused in Sessions case No.332 of 2003. The clothes of the deceased were

seized under seizure memo at Exhibit 35. The house of Tarun was searched

and accordingly, a towel and a chocolate coloured sweater were seized

from the house of Tarun, at panchanama at Exhibit 30. The clothes of the

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accused Tarun were found to have been stained with blood. A torch was

seized from the house of PW-4 Damodar Tare under seizure memo at

Exhibit 32. The samples of blood stains which had been collected as well

as the other seized property were referred to the chemical analyzer under a

requisition at Exhibit 53. Further to the completion of the investigation,

PW-9 API Patil filed a chargesheet against accused Tarun which was then

registered as Sessions Case No.332 of 2003.

(ii)

PW-8 PI Nivrutti Muradewho was also attached to Padgha

police station had carried out investigation in crime no.10 of 2003. On

6.3.2004, he had accordingly