Case Note & Summary
The case arose from a neighbourhood dispute over drain water between the complainant Chanappa Kumbhar's family and the accused family. On 3 July 1988 at about 5:30 a.m., the complainant was shouting at his buffalo outside his house, using abusive language. Accused no. 4, Putlabai Bhimashankar Pattan, presumed the abuse was directed at her, leading to a confrontation. Accused nos. 1 to 3, armed with knives and iron bars, assaulted the complainant, causing bleeding injuries. When Vithal, the complainant's younger son, intervened to save his father, he was stabbed multiple times and collapsed at the spot. Siddharam, the elder son, also sustained injuries while trying to intervene. Vithal died from multiple stab wounds, including a fatal injury to the heart. The prosecution alleged that all four accused shared common intention. The Sessions Court convicted all four accused under sections 302, 326, 324, and 323 read with section 34 of the Indian Penal Code, and additionally convicted accused nos. 1 to 3 under section 135 read with section 37(1) of the Bombay Police Act. Accused no. 4 was acquitted of the Bombay Police Act charges. The accused appealed against the conviction. During the pendency of the appeals, accused nos. 1 and 2 died, and the appeals abated in respect of them, leaving only accused nos. 3 and 4 as the surviving appellants. The High Court heard both appeals together. The judgment excerpts do not include the final operative decision of the High Court.
Issue of Consideration
CRIMINAL APPEAL NO.292 OF 1989
Case Details
2010 LawText (BOM) (05) 32
Criminal Appeal No. 292 of 1989 and Criminal Appeal No. 380 of 1989
B.H. Marlapalle, Mridula Bhatkar
B.G. Tangsali, Suvarna A.V., V.V. Purvant, P.P. Shinde
Putlabai Bhimashankar Pattan, Dhondappa Bhimashankar Pattan, Kallappa Bhimashankar Pattan, Dariappa Shantappa Hattarsang
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeals against conviction for murder and grievous hurt.
Remedy Sought
Appellants sought setting aside of conviction and sentence.
Filing Reason
Accused were convicted by Sessions Court for offences under IPC and Bombay Police Act; aggrieved by conviction, they filed appeals.
Previous Decisions
Trial by IInd Additional Sessions Judge, Solapur, convicted all four accused on 12-04-1989.
Judgment Excerpts
As per the prosecution case, accused nos. 1 and 2 were sons of accused no.4 and accused no.3 is the son of the sister of accused no.4.
On the date of the incident i.e. 3rd July, 1988 at about 5.30 a.m. the complainant shouted at his buffalo which was tied in front of his house and he used abusive language while doing so.
When he sustained bleedings injuries in the assault, Vithal the younger son of the complainant who was nearby and was loading manure in the bullock cart tried to intervene so as to save his father from further attacks and in this process Vithal was assaulted by accused nos. 1 to 3 with knives and iron bars.
Procedural History
FIR registered on 3-7-1988. Investigation conducted by PSI Appa Patil. Accused nos. 1 and 4 arrested on 3-7-1988; accused no. 2 arrested on 16-7-1988; accused no. 3 arrested on 6-7-1988. Charge sheet filed; case committed to Sessions Court. Charges framed on 13-12-1988. Trial held, 21 prosecution witnesses examined. Accused convicted on 12-4-1989. Criminal Appeal Nos. 292/1989 and 380/1989 filed. During pendency, accused nos. 1 and 2 died, and appeals abated against them on 22-3-2007 and 8-4-2010. Appeals heard by High Court.
Acts & Sections
- Indian Penal Code, 1860: 302, 326, 325, 324, 323, 34
- Bombay Police Act, 1951: 135, 37(1)
- Code of Criminal Procedure, 1973: 313
