The case for the prosecution was that the appellant had a suspicion that the deceased bad a liaison with his wife.
It may be stated that the knife was of rather unusually large dimensions The two injuries on the deceased were very extensive and according to the medical evidence they companyld have been caused with the knife which was recovered.
Hearing the numberse and growing of the deceased, Lahu Vithu Patil, other persons who were sleeping were awakened and one of them went and informed the brother of the deceased and then the first information report was made to the police but numbernames were mentioned therein.
The deceased was a wrestler and he and his brother used to sleep in the fields and they also had dogs and for that reason the murder companyld number be companymitted for sometime.
1 and appellant got a knife prepared by Nanu Santu Sutar P.W.7 from a crowbar.
There, on the night of the murder the deceased was killed with the knife which was used by Rama Krishna Patil accused No.1.
1 and the knife being found blood stained and the unusual character of the knife which fitted in with the dimensions of the injurious caused to the deceased.
Both these articles have been found to belong to accused No.
1 Rama Krishna Patil.
This was on March 16, 1960.
Appeal by special leave from the judgment and order dated April 12113, 1961, of the Bombay High Court in Cr.
He, the appellant, approached the approver and suggested that the deceased should be killed.
On March 17, 1960, Rama Krishna Patil accused No.
This knife is stated to be stained with blood but it has number been proved to be human blood.
3 and Deoba approver P.W.5 are alleged to have taken part in murder of Lahu Vithu Patil.
When rains set in, the deceased started sleeping at Patils Talim gymnasium .
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Two blows ware given by accused No.1 one on the throat and the second one on the left side of the chest.
The trial companyrt companyvicted the appellant on the testimony of the approver and found companyroboration for the approvers testimony in the statement of Nanu Sintu Sutar, P.W. 7 who had prepared the knife alleged to have be, been used for the offence on March 17, 1960, and hi, motive to companymit the murder because of the suspicion he had about his wife having a liaison with the deceased.
At the place of the occurrence the assailants left a towel and a patka turban .
The appellant was companyvicted as above stated and sentenced to imprisonment for life.
At that time the appellant had a torch and two others Lahu Santu Patil and Deoba were unarmed.
The Judgment of the Court was delivered by KAPUP.,
J. This is an appeal against the judgment and order of the High Court of Bombay companyfirming the companyviction of the appellant for an offence under s. 302, Indian Penal Code, read with s. 34 for the murder of one Lahu Vithu Patil on the night between May 23, and 24, 1960 at village Pasarde.
2 number appellant before us , Lahu Santu Patil accused No.
308 of 1961.
August 29.
A. No.
B. Jathar and R. N. Sachthey, for the respondents.
C. Mathur, for the appellant.
174 of 1961.
1, Bhiva Doulu Patil accused No.
Four persons Rama Krishna Patil accused No.
Rama Krishna Patil accused No.1 was companyvicted of murder and sentenced to death but on appeal his sentence was reduced to one of imprisonment for life.
The third accused Lahu Santu Patil was acquitted and the 4th participant Deoba turned approver and is P.W.5.
