Supreme Court - Daily Orders
Rajaram Hindurao Sulekar Patil vs The State Of Maharashtra on 12 November, 2021
Bench: Sanjiv Khanna, Bela M. Trivedi
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 1336/2021
RAJARAM HINDURAO SULEKAR PATIL Appellant(s)
VERSUS
THE STATE OF MAHARASHTRA Respondent(s)
O R D E R
We do not find any merit in the present appeal as:
(i) homicidal death of deceased Dagadu is proved and established beyond doubt and is undisputed;
(ii) eye-witness testimonies of PWs-3, 4, 5 and 6 have been correctly relied and appreciated by the High Court;
(iii) acquittal of three co-accused by the trial court, which has been upheld by the High Court, would not justify acquittal of the appellant. As per depositions of the aforesaid eye-witnesses, the other accused had used sticks, whereas the appellant has used the butt end of the axe;
(iv) motive for the offence is also established;
(v) the contention that Suresh Pandurang Patil (P-4) had deposed that accused No.5 had assaulted deceased Dagadu with butt end of the axe would not carry the matter Signature Not Verified further as he has also deposed that the appellant had Digitally signed by Indu Marwah Date: 2021.11.15 15:47:17 IST Reason: assaulted the deceased (his father) with an axe; and
(vi) we do not find any material difference between the ocular evidence and medical evidence. Further, medical evidence is primarily corroborative in nature.
The criminal appeal is, accordingly, dismissed.
Pending application(s), if any, stand disposed of.
……………………………………………J. (SANJIV KHANNA) ……………………………………………J. (BELA M. TRIVEDI) NEW DELHI NOVEMBER 12, 2021.
ITEM NO.15 Court 16 (Video Conferencing) SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1336/2021
RAJARAM HINDURAO SULEKAR PATIL Appellant(s)
VERSUS
THE STATE OF MAHARASHTRA Respondent(s)
(IA No. 99705/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 99708/2021 - EXEMPTION FROM FILING O.T. IA No. 99707/2021 - GRANT OF BAIL) Date : 12-11-2021 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Appellant(s) Mr. A. Karthik, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order. Pending application(s),if any, stand disposed of. (BABITA PANDEY) (ANITA RANI AHUJA) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file)