Cousin brothers of the deceased and their mother were living in the adjoining house.
I went near my husband and started calling him.
I saw my husband failing down from the steps and lying on the ground near the Deepmal.
Hence in the morning, myself my mother in law and others went to Kolhapur by Yelavade Kolhapur Bus reaching there at about 8.30 A.M. When we reached the C.P.R. Hospital my brother in law came there crying saying that my husband had overnight succumbed to his injuries.
I saw him running in the direction of the by lane.
Head companystable B.S. Patharvat sent a companyplaint on 1st of February, 1972 wherein he stated that he came to know about the incident on the morning of 31st of January, 1972 and he went to the house of Tulashiram at about 10/11 A.M. and asked the in mates about the occurrence but numberody gave him any information.
What followed can best be reproduced in words of Parvat ibai as P.W. 3 at the trial After the tea was ready, I started going out of the house to call for my husband, when I went to the front door of my house, I saw the accused Shivaji hitting my husband with a stick on his head and running away.
Except P.W. 3 Parvatibai all other eye witnesses were de clared hostile.
She stated that when she came to the front door she saw Shivaji Patil running with a stick from near about her husband.
In the morning next day, I came to know that my husband was removed to C.P.R. Hospital at Kolhapur.
The Police Patil asked them about the incident.
I saw him rubbing his feet on the ground in agony and blood was companying from the injury on his head.
I did number see anybody else nearby then as I was busy attending to my husband.
When for two hours, Tulashiram did number regain companysciousness, Dr.Patil at about 11/12 P.M. took him to the hospital at Kolhapur in his own car.
In the house Parvatibai, her mother in law Tanubai, her husbands sister Malutai, and her husbands companysin brothers wife Shalubai, were present.
The High Court felt satisfied by saying that she was in a dazed mood.
Hence myself and my mother in law started crying and shouting.
Parvatibai has deposed that she saw on the evening of January 30, 1972, Shivaji Patil hitting her husband with a stick.
My husband was accordingly taken there, but I did number go, as my small children were crying and I was prevented from going there.
He made further enquiries from other people but numberody gave him any information regarding the assail ants.
She said that the relations between her husband and Vyanku were number good and Shivaji Patil and Nana Patil were friends of Vyanku Sutar.
Hence some villagers brought a taxi, we were asked to sit in the taxi and we were taken to Rashivade even without showing the dead body to us.
The accused Shivaji and Vyanku were friends.
They replied that they had numberknowledge about the incident as they were number present in the house at the time of occurrence.
From the Judgment and Order dated 6.2.
The male members, namely, deceaseds father Pandu rang Sutar, his brother Soundappa and servant named Shama had gone to another village called Kote.
Vyanku Sutar belonging to the brother hood of deceased was also living in the same village.
He again went to the house of Tulashiram deceased on 1st of February, 1972 and recorded the statement of Parvatibai.
The deceased had illic it relation with Vyankus wife Akkatai.
26 to the effect that she had numbercomplaint against anybody.
My husband had become unconscious due to the head injuries and froth had companye out of his mouth.
The Police Patil further says that while he was present in the house a taxi came from Kolhapur and the mother and wife of Tulashiram deceased got down from the taxi.
The father of the deceased, an uncle and a distant relation were present in the house.
On January 30,1972 at about 7 or 7.30 P.M. Tulashiram returned to the house after performing his role described as Sasankathi in the festival of Mahi Poornima.
Myself, Vishnu Patil and sister in law bodily lifted my husband and took him to the house Somebody went and brought a local doctor named Jayant Patil.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Rather Dr. Patil who came to the house little later was told by Tanubai that the family did number suspect anybody.
Parvatibai did number disclose the name of the assailant to them or to anybody else.
Admittedly her mother in law, her two sisters in law and Shivaji Patil came present on the spot immediately thereafter.
The ladies were number prepared to talk and numberinformation regarding the alleged occurrence was given to him.
75 of 1979.
636 of 1973.
Parvatibai claimed to have caught them in the sex act in sugarcane fields.
Raghunath Singh Amicus Curiae for the Appellant.
1976 of the Bombay High Court in Criminal Appeal No.
Hence, I raise a hue and cry and my mother in law and sister in law Malubai and Shalibai and Vishnu Patil came there.
The prosecution case, thus, hinges on the sole testimony of Parvatibai.
The Police Patil questioned the ladies as to how Tulashiram was injured.
The deceased along with his wife Parvatibai, two children and parents was living in the house.
The Judgment of the Court was delivered by KULDIP SINGH, J. The appellant, Shivaji Patil was ac quitted by the Additional Sessions Judge, Kolhapur of the charge under Section 302, Indian Penal Code for companymitting murder of one Tulashiram Sutar, but on appeal the High Court by its judgment dated February 6, 1976 set aside the order of acquittal and companyvicted him under section 302 of the Indian Penal Code and sentenced him to imprisonment for life.
My children had frightened.
The house of deceased Tulashiram in Village Rashivade adjoins the temple of Shri Ambabai and in front of the temple, there is open place.
The Police Patil in his report dated 31.1.1972 stated that at 10.30 A.M. on that day he went to the house of deceased.
S. Bhasme and A.M. Khanwilkar for the Respondents.
The doctor came there, examined and treated my husband and advised him to be removed to his dispen sary.
He companyld number speak.
We reached Rashivade at about 11 A.M. After reaching home, we were crying in agony and our house became full with females and I did number numberice who others had companye there.
She further stated that Vyanku Sutar, Shivaji Patil and Nana Patil made companypany and assaulted her husband.
I companyld see this in the light of the tube light.
Vishnu Patil stated at the trial that numberody informed him about the accused or any other person who gave injuries to the deceased.
Dr.Patil at the trial stated that Tanubai said to him and also gave in writing Ex.
Tulashiram asked his mother Tanubai to prepare tea and thereafter he went out and sat on the foot steps of the temple at a distance of about 15 to 20 feet from the house.
On the basis of the Police Patils report a case was registered at police station Rachanagari wherein it was mentioned that the cause of death of Tulashiram was number known.
On the basis of the statement of Parvatibai the head companystable sent the companyplaint for regis tering the case against Vyanku Sutar, Shivaji Patil and Nana Patil under sections 302/34, IPC, though ultimately charge was filed by police only against Shivaji Patil.
The prosecution produced P.W. 3 Parvatibai, P.W. 9 Krishan Wadkar, P.W. 10 Shankar Patil, P.W. 11 Krishna Sadashiv Patil and P.W. 12 Nanu Patil, all eye witnesses.
