Both the accused were sentenced as under For the offence punishable under Section 302 read with Section 120 B IPC sentenced to death.
The said articles were sent to the Chemical analyst.
He attached it under a panchnama Ex.48.
Supadu Patil was working as an agricultural officer at Malegaon and was staying in his own bungalow which was companystructed at village Soyagaon, which was at a distance of 2 km.
He also heard some fire shots.
The said chit was written by Sandeep Patil and bore his address as Room No.
By pushing the kitchen door, it opened out.
There was enmity between Supadu Patil and Prakash Patil because of dispute for partition of agricultural land.
For companyfirmation of death sentence, the matter was referred to the High Court which was numbered as Confirmation Case No.3 of 2000.
In this companynection, evidence of PI More PW42 shows that on 31.10.96 he interrogated Prakash Patil and during the companyrse of his interrogation, he shown his willingness to produce the clothes which he had worn at the time of the incident and stated that he had kept the same in the house of Zumbar Patil.
During the investigation, A 2 Sandeep moved an application dated 8.11.1996 Ex.113 before Judicial Magistrate First Class, Malegaon PW19 for revealing the true account of the incident.
In the night between 2.00 to 2.15 a.m., he kept the book on the table and went to sleep on the mattress.
PW33 Vyankat Pagare, who was a servant of Supadu Patil stated that he knew Supadu Patils brother Prakash Patil because Prakash Patil used to visit Supadu Patil.
In this case, dispute of partition of lands led one brother to anhilate entire family of his brother and also to companymit murder of his own mother.
He along with Rakesh and Rupali was watching TV up to 11.30 p.m. At that time, they both went to sleep in the same room where the TV was kept.
Vyankat Pagare PW33 who was Supadu Patils servant and was residing in a shed stated that he heard that Buntitai Rupali was crying aai ga Oh mother and thereafter Kesarbai saying shant ho.
S.P., Malegaon.
from Malegaon.
When he asked his sister Pushpatai as to what was going on, she replied that they were talking about carving of plots and it was the usual dispute.
The Court also companyvicted him under Section 25 1 b a of the Arms Act and maintained the sentence.
Against the said judgment and order dated 7.12.2000, A 1 has preferred Criminal Appeal Nos.238 239 of 2001 and the State of Maharashtra has filed Criminal Appeal No.489 of 2001 against the acquittal of A 2.
Supadu Dhawal Patil was the real brother of appellant Prakash Patil.
One Arun took those keys by inserting a bamboo through the grill and thereafter went to Lonkhadi, the house of the parents of Pushpatai.
When he was keeping his white shirt, hanging on the string, in his bag, his father had gone to WC.
Owalani to move a lamp bin in a circular motion before God and man was done before him between 9.00 9.30 p.m. Thereafter, they all had their meals and had been watching TV.
At that juncture, Vyankat Pagare started crying.
His father further brought a torch from devghar.
Thereafter, Ashok Anna and others took a round of the bungalow of Supadu Patil.
On 10.11.1996, A 2 was again produced before the Magistrate and as he was willing to give statement, his statement was recorded after necessary formalities.
The High Court rightly pointed out that the evidence of PW33 Vyankat Pagare and PW1 Ashok Bachav shows that on 25.10.96 at 1.30 to 2.00 p.m., A 1 Prakash Patil came at the place of the incident.
He also stated that about 4 months prior to the incident, when he had gone to Supadu Patils house, he found Supadu Patil, Prakash Patil and son of their paternal aunt talking in the drawing room.
PI More recorded the FIR, prepared inquest reports and sent the dead bodies for the post mortem.
As he was standing near the curtain, Poonam came there running and as she companyld number identify him, she had a sharp clash with him in which he sustained scratches on his numbere because of her nails.
Deceased Supadu Patil, his wife Pushpatai, mother Kesarbai, daughters Rupali and Poonam and son Rakesh died due to fire arm injuries on the fateful night of 24th October, 1996.
Thereafter, A 1 asked him for his sweater.
The reason was number to be assigned by us.
On occasions there were quarrels and exchange of abuses between them.
Within a short time police came there.
Blood of O group was found on the said pants.
He was seen at Malegaon on 25th October at 5.00 a.m. when he left by taxi of one Uttam Thethe, PW 15.
On 21.10.1996 i.e. on Dussehra day, he and his father went to a shop by name Kumar Shirts for purchasing shirt.
For that purpose, he pushed aside his suit case which was kept nearby.
In his companyfessional statement, he has stated as under On.19.10.1996, after the studies of his Engineering Semester were over, he had gone to Nasik.
However, the High Court partly allowed the appeal filed by A 2 Sandip Patil and acquitted him from all the charges except the one punishable under Section 201 IPC and reduced the sentence to the period already undergone.
Scientific Assistant It is the prosecution version that on 23rd October, 1996, A 2 Sandeep had gone to the bungalow of Supadu Patil, his uncle, in Soyagaon, Malegaon, District Nasik to attend the birthday of Rakesh son of Supadu Patil.
Immediately, Poonam companylapsed on the floor of the prayer room.
He peeped into the kitchen and saw his uncle going to the bedroom.
Thereafter, in the night of 27.10.1996, he was produced before the Addl.
The nail clippings of the feet of the appellant Prakash Patil were also sent to the Chemical Analyst and blood of O group was found on them which is that of the appellant Prakash Patil.
When he asked him the reason, his father got annoyed and threatened him saying that he should obey his order.
In the night between 2.00 am to 2.30 am, police of Kothrud police station took him to the said police station for making enquiry and PSI Ugale came to Kothrud police station from Malegaon in the morning to take him away.
They found the keys of Supadu Patils van lying on the dining table.
As per the inspection numbere, bungalow was at a secluded place.
PW34 Raosaheb Patil, brother in law of Supadu Patil has also stated there was illwill between Supadu Patil and Prakash Patil.
By the time accused Prakash Patil reached the place of the incident, the six companypses had already been sent for autopsy and, therefore, there was numberreason of his entering inside the house and seeing them.
A1 Prakash Patil was staying at Nasik with his family members and was serving in Maharashtra Engineering Research Institute at Nasik as a Water Analyser Sr.
AppellantPrakash Patil is the father of Sandeep Babloo Prakash Khairnar Patil , A 2.
Recovery of blood stained shoes, shirt and pants.
His father went to TV room and brought one pen Reynold and paper and asked him to write as per his dictation.
At that time, it was 5 a.m. Thereafter, they boarded one jeep which was going to Nasik.
Both had sustained bullet shots.
He heard the cries of his aunt and grandmother at the same time.
On that day, he told his uncle that his father would companye for the case on 24.10.1996.
A reddish round shaped leather cartridge belt having 16 empty sockets, 9 live 12 bore cartridges and a 12 bore shot gun were seized.
After having meals etc.
Thereafter, his father went to the bedroom and he heard sound of two bullets shot.
Recovery of the blood stained shirt and pants on 31.10.96 from the house of his brother in law Zumbar Patil in Soyagaon.
Motive To prove motive, the prosecution examined two witnesses, namely, PW33 Vyankat Pagare and PW34 Raosaheb Patil.
Thereafter, he went to W.C. and came out within five to ten minutes and washed his feet and put his shoes.
Thereafter, his father put that pen into his bag.
In the night at 10.30 p.m., his uncle, aunt and Poonam went to sleep in the bedroom.
Consequently, he deputed PSI Ugale to go to Pune and obtained the handwriting of Sandeep Patil.
There was a sharp clash, during which he heard the sound of the bullet shot.
His father was waiting on one side and he went to enquire as to when the bus would go to Nasik.
He opened the door.
On their arrival, Vyankat Pagare informed them about what he had seen.
As per his habit in the hostel, he spread mattress next to Rakesh and sat for doing his studies.
120, Maharashtra Institute of Technical Boys Hostel, Paud Road, Kothrud, Mahaganesh Colony, Pune 29.
On receipt of the information, Viju Atya came along with her husband, Zumbar Patil.
He followed him to see as to what his father was doing.
He also heard the sound of opening the cupboard.
From the evidence of Prabhakar Shewale, PW7 and PI Ramesh More PW42 and the recovery panchnama of the shoes Ex.58, it is established beyond doubt that the shoes put on by A 1 were having blood stains.
At that time, his father was standing in the passage in front of the bathroom and W.C. from where he fired a shot.
He put the cartridge belt in the Godrej cupboard.
As his uncle and aunt were observing fast on that day, they did number have their meals.
Immediately, he heard a loud cry of Rakesh shouting Aai Ga Oh mother , then he heard another round of fire and heard a cry Aai, probably of Rupali.
There was some quarrel regarding fare between him and the auto rickshaw driver and he sustained injury at the hands of auto rickshaw driver.
When he was putting on his socks, he thought of going to C. Hence, he removed his socks.
The defence version that when Prakash Patil, on learning about the multiple murders, entered the house, his shoes might have been stained with blood is rightly number believed by the High Court.
When he was in kitchen room, he heard his aunt, grandmother and Poonam saying bring vehicle and make a telephone.
After companysidering the aforesaid circumstantial evidence, the Court referred to the companyfessional statement of A 2 Sandip Patil as one circumstance companynecting A 1 Prakash Patil with the crime.
On 27.10.96, PSI Ugale in the presence of panch Shailendra Joshi PW4 seized the chit under a panchnama Ex.61 which was taken out by Sandeep Patil from the wooden cupboard of his room at MIT Hostel, Pune.
On 24.10.1996, as there was a hockey match, the deceased Rakesh left in the morning at 8.00 a.m. He and Poonam deceased studied in the bedroom upto 12.00 numbern.
His father alighted at Nimani bus stop and he got down at C.B.S. Nasik and boarded the bus leaving for Pune from Nasik.
At that time, his father partially shut the door to open the cupboard kept behind the door of the devghar.
When he came near the curtain of TV room, he saw his father wrapping a scarf on his face, putting on spectacles and holding a gun.
Sister of Supadu Patil Vijaya Zumbar Patil was also living alongwith her husband at Soyagaon.
Sandeep who was then aged 17 years was studying in First Year Engineering and was staying in a hostel at MIT, Pune.
He ran towards the bath room.
His evidence shows that Pushpatai had told him that the dispute between Prakash Patil and Supadu Patil was on account of partition of agricultural land.
On 28.10.96, appellant Prakash Patil and Sandeep Patil were arrested.
On receiving the information, Ashok Anna and the driver of Supadu Patil came there.
His father came out from WC wearing slippers and went to the bedroom.
WITH CRIMINAL APPEAL NO.489 OF 2001 State of Maharashtra Appellant Versus Sandeep Babloo Prakash Khairnar Patil Respondent J U D G M E N T Shah, J. In Sessions Case No.152 of 1999, by judgment and order dated 19.5.2000, Additional Sessions Judge, Nasik companyvicted Prakash Dhawal Khairnar Patil A 1 and Sandeep Babloo Prakash Khairnar Patil A 2 for the offence punishable under Sections 302, 120 B, 201, 397 read with Section 34 of the Indian Penal Code and under Section 25 1 b a of the Arms Act read with Section 120 B of Indian Penal Code.
Kesarbai was their mother and Pushpatai was wife of Supadu Patil and they were having one son Rakesh Pappu and two daughters, Poonam and Rupali alias Buntitai.
On the same day i.e. on 25.10.1996, in the night between 8 to 8.30 p.m. when he removed the articles from his bag, he found one blood smeared T shirt, handkerchief, gloves, a pair of white slippers and six empty cartridges.
After companysidering the evidence on record in its entirety, the High Court dismissed the appeal filed by A 1 Prakash Patil and companyfirmed his companyviction under Section 302 IPC and maintained the death sentence.
and after watching TV and chatting, he had gone to sleep.
Then he wrote the matter in a panic stricken companydition.
Presence of injury over the right surface of his shoulder.
His father came to the kitchen and asked him to prepare for leaving the bungalow.
Immediately thereafter, Pappu Rakesh came and thereafter between 2.45 and 3.00 p.m., Rupali and Supadu Patil both had left for agricultural field at Dubhadi by a vehicle and they returned between 6.30 7.00 p.m. As it was Rakeshs birthday on that day, Supadu Patil had brought pedhas from outside.
Thereupon, his father refused him by saying that he himself would wake them up.
Ashok Anna left for informing the police on scooter and telephoned Chavani police station.
Both Vyankat Pagare, PW33 and Raosaheb Patil PW34 stated that Prakash Patil had threatened to kill Supadu Patil.
At that time, he started putting on his shoes kept beneath the basin opposite the bathroom.
He A 2 found tears in the eyes of his father and that he was frightened.
A 1 put on his sweater and went to the bedroom and TV room and returned.
Zumbar asked Subhash to call Ashok Anna PW1.
His aunt and Poonam rushed from the TV room and they pushed his father into the prayer room up to the fridge.
He told his father that he wanted to go to his uncles house at Soyagaon.
At about 2.30 a.m., he heard his fathers voice calling him.
From there, they reached to Malegaon S.T. Stand by an auto rickshaw.
He replied in the affirmative and asked whether he should wake them up.
He took the chit and asked Subhash to go to Viju Atya, sister of Supadu Patil.
After entering into the bungalow, his father asked him whether everybody had gone to sleep?
They pushed the rear door of the window of the bedroom and entered the house and saw that Supadu Patil and Pushpatai were lying in a pool of blood.
By that time, Subhash who was working with Supadu Patil came there.
The Magistrate took up the application for companysideration on 9.11.1996 and gave time of 24 hours for reflection.
Further, a perusal of the inquest report shows that it was companyducted between 10.45 a.m. to 12.10 p.m on 25.10.96.
Thereafter, he removed sweater and shirt and put on T shirt which was hanging on the wooden peg in front of the basin.
He companyld number see as to what he took out from the cupboard.
Recovery of blood stained shoes.
He then shook her and apprised of his identity.
Thereafter, he companylected keys lying on the floor near the cupboard and came out from the bedroom.
After the boundary of Mala agricultural field was over, his father threw away keys by the side of that road.
On 23.10.1996 he had gone at his uncle Supadu Patils house.
A 2 Sandeep Patil who came at the residence of Supadu Patil on 23rd October, 1996, stayed there till morning of 25th October, 1996 and left the house after the incident.
His father wiped the gun with a handkerchief and hung the same on the nail.
PW33 Vyankat Pagare told Suresh and Subhash about what he had heard at night.
Consequently, in presence of Panchas Prakash Chitalkar PW2 and Nagesh More PW3 the willingness of Prakash Patil was recorded vide panchnama Ex.55 and at the house of Zumbar Patil, the appellant produced pants and shirt which were hanging on the western side of the wall and which were stained with blood.
In appeal, the High Court has relied upon the following circumstantial evidence to companynect Prakash Patil A 1 with the crime Motive.
He told the incident to him.
It is his say that as Supadu Patil used to kill pigs by his gun, he went off to sleep.
They found that six companypses were lying inside the bungalow.
A 1 again went to the bedroom and he himself A 2 went to W.C. When he came out from the W.C. and washed and cleaned his hands and went to the kitchen room for drinking water, he heard the numberse of firing of bullet from TV room.
He saw Pappu was lying on the mattress and Rupali was lying on the sofa.
Then, they came out of the bungalow.
It is the say of Vyankat that whenever Prakash Patil was going to Soyagaon he was staying at his sister Viju Atyas house and number at Supadu Patils house.
Dr. Bharat Wagh PW36 who performed autopsy on the dead bodies found that the injuries on the deceased were caused by the fire arms.
The High Court companysidered that had their relations been good, then appellant Prakash Patils wife and daughters would also have visited Supadu Patil, but the evidence of Vyankat shows to the companytrary.
Thereafter, his uncle left for attending the companyrt case.
Further, the shoes were sent to the Chemical Analyst and the blood of A group, which matched with the blood group of the deceased Kesarbai, was found on them.
Then, his father handed over to him his suit case and school bag.
On the road, his father took out bundle of numberes of rupees hundred from his pocket in the illumination of battery and handed over to him.
The dispute between two brothers was with regard to partition of agricultural land and deceased Supadu Patil, it appears, was evading in giving share of the land to A 1 Prakash Patil.
A 1 put off his spectacle.
He shown him a sweater lying in front of the cupboard in the devghar the room of the household goods .
On 28.10.1996, he was arrested by PW42 Ramesh D. More, Investigating Officer.
He further saw his grandmother going to the bedroom and crying there.
Recovery of blood stained shirt and pants on 31st October.
Thereafter, he reached his MIT hostel on auto rickshaw.
They found that the doors and windows of the bungalow were closed and the kitchen door was closed from inside.
He was running a nursery in the field adjoining to his bungalow which was virtually a farm house.
At the time of his arrest on 28.10.1996, appellant Prakash Patil was putting on blood stained shoes which were seized under a panchnama.
He thought that his father might have kept the said articles in his bag when he had gone to W.C., because his father had given him the said bag when he came out from the W.C. He dropped the above articles from Mhatre bridge situated on the Karve Road.
His father closed the door of the bungalow, locked it and affixed a chit on that lock.
In the afternoon at about 2.15 p.m., Poonam left as she wanted to attend companylege.
However, he companyld number sleep.
He put on his own clothes and brought his sweater lying in the kitchen.
His father told him that there was hearing of the case on 24.10.1996 in Malegaon Court and for that reason and to look for purchaser for sale of the plot situated in Soyagaon, he would also go to Soyagaon.
He went up to Ekatamata chowk on foot.
On 26.10.96, while PI More was taking search of the bungalow of Supadu Patil, he found black companyoured pants belonging to Supadu Patil inside which a chit addressed to Supadu Patils daughter Poonam was found.
On this score, there used to be quarrels and exchange of abuses between them.
He thought that his uncle and aunt would wake up and they might think that he himself had killed them and out of this fear he tried to go outside through the kitchen door but he companyld number go as the door was locked.
