MARUTI SHAMRAO TORASKAR Vs. ROHINI RAVINDRA POTDAR

JUDGEMENT

(1.) THIS Criminal Application is filed by the petitioners/original accused being aggrieved by the order dated 26th May, 1994 passed by the Judicial Magistrate, First Class, Radhanagari, issuing process against all the petitioners/original accused under Section 302 read with Section 34 of the Indian Penal Code in Criminal Case No. 44 of 1994.

(2.) THE case of the prosecution can be briefly narrated as follows : THE complainant-Rohini Ravindra Potdar is a young widow of 22 years, whose husband Ravindra Bhaskar Potdar, who was working as goldsmith at village Mangoli, Taluka Radhanagari, District Kolhapur, was found dead in a canal which was in between the two villages Mangoli and Kapileshwar. It is the suspicion, and a very strong suspicion, of the complainant, who is the wife of the said gold-smith Ravindra Bhaskar Potdar that the petitioners are involved and are responsible for the death of the said Ravindra Potdar. THE circumstances in which the said Ravindra was found dead in the canal are described by his brother Balkrishna Potdar in his complaint dated 22nd February 1994 and the complaint filed by the wife on 6th May, 1994.

(3.) THE complainant stated that in between 21st and 22nd February, 1994 morning, on the same day at about10 a. m. to 10.30 a. m. all the petitioners had come to the house of the complainant and they were asking the complainant and her brother-in-law, the where about of the deceased and asked her whether he had returned or not upon which the complainant replied that he had not returned home.