28 injuries not from fall: Thane court; awards life sentence to man for assaulting wife and son

Thane: A Thane court has sentenced a man to life imprisonment for brutally assaulting his wife and son with a sickle in 2019, observing the woman sustained 28 injuries that were not possible from falling on the kitchen rack.

The intention of the accused, Pramod Kanha Patil (43), could be ascertained from the "actual injury, nature of weapon used and severity of the blows," Additional Sessions Judge GG Bhansali said in the order passed on October 4.

A copy of the order was made available on Monday.

Additional Public Prosecutor R W Pande told the court that the assault, which occurred on October 26, 2019, left the accused's wife, Vaijayanti Patil, unconscious for nearly 40 days. She sustained 28 life-threatening injuries, including multiple skull fractures and brain injuries.

The accused, who was jobless and a liquor addict, used to regularly assault his wife. On the night of the incident, the accused followed his wife into the kitchen of their house in Maharashtra's Thane city and attacked her with a sickle typically used to cut fish, as per the prosecution.

The younger son, Pruthvi Patil, who intervened to save his mother, also sustained injuries to his hand and forehead, the prosecution said.

Both sons, Raj Patil and Pruthvi Patil, testified as eyewitnesses. Pruthvi Patil's testimony was crucial, detailing how he was struck twice by the sickle while trying to protect his mother.

The recovery of the sickle, the blood-stained clothes of the victims and the accused, and the presence of blood stains on the walls and floor of the house corroborated the charges.

The defence argued that the woman suffered injuries by falling on a sharp utensil rack in the kitchen, and the son's injury occurred while playing on the ground.

Rejecting the defence argument, the judge said, "28 injuries sustained to victim cannot be possible by falling on ground or on any utensil rack of the kitchen." "Pruthvi Patil is another victim, younger son of the accused, who had intervened to save his mother from the clutches and different blows of the accused. He is injured and an eyewitness," the court noted.

The intention of the accused could be ascertained from the "actual injury, nature of weapon used and severity of the blows," it said.

Despite the accused's plea for leniency, citing his improved conduct in jail, the court found no single point to grant leniency.

"It is well settled that the court should operate a sentencing system so as to impose such sentence which reflects the conscience of society," it said.

"Undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law," the court added.

The court sentenced the man to life imprisonment under Section 307 (attempt to murder) of the Indian Penal Code.

Additionally, he was sentenced to three months rigorous imprisonment and fined Rs 1,000 under Section 504 (intentional insult) of the IPC. Both sentences are to run consecutively.