AMRITSINGH LALSINGH GILL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is apprehending his arrest in C.R.No.832/19 registered with Bhosari Police Station, Pimpri Chinchwad on 17th September, 2019 at 3.46 p.m.. It invokes Sections 324 , 506 , 34 of IPC with Section 4 , 25 of the Arms Act alongwith Sections 37 and 135 of the Maharashtra Police Act.

(2.) The complainant is one John Domnic Fernandes and the time of occurrence of the offence has been ascribed from 17.10 to 17.30 hours on 16th September, 2019. Alongwith the present applicant, his sister and one unknown person have been arraigned as accused. As per the complaint, the complainant is engaged in transport business and in the year 1980, he purchased a piece of land, which was mutated in the name of his father and uncle. It is alleged that the present applicant has illegally encroached upon the said land and erected tin sheds, which are rented out. He also allege that measurement of the said land was carried out and on 16th September, 2019, the boundaries were to be fixed. He allege that at around 4.30 p.m. when the City Survey Officer had come for the said purpose and after they had left, at about 5.10 p.m., the applicant alongwith his sister and one unknown person arrived at the spot where the complainant was present and intimidated him. This resulted into a verbal spat and it is alleged that Amrit i.e. the present applicant assaulted him by means of a sword in his hand and when he restrained him, he sustained injury between the thumb and the index finger of his right hand. It is also alleged that the applicant's sister and the unknown person pelted stones, resulting into the bleeding injury to his brother Michel. This is the cause for filing of the FIR.

(3.) Another FIR vide number 831 of 2019 was lodged by the present applicant with the same police station, which invokes Sections 307 , 354 , 143 , 145 , 147 , 148 , 149 , 504 , 506(2) of IPC, Sections 4 , 25 , 27 of the Arms Act, Sections 37, 135 of the Maharashtra Police Act alongwith Section 7 of the Criminal Amendment Act, 1983. The occurrence of the incident in regard to which the FIR is filed has been ascribed between 18.40 to 19.00 hours on 16th September, 2019. The said FIR has been lodged at 3.25p.m., in which the complainant in FIR No.0832/19, his brother, sister and four unknown persons are arraigned as an accused. In brief, the complainant (applicant in present application) has given reference to the discord as regards the ownership of the piece of land and it is then alleged that on 16th September,2019, at 6.30 p.m, he was informed by his tenant that John Fernandes, Michael and Rosy had arrived at the shop in Kasarwadi and they were bullying him to vacate the premises. He reached Kasarwadi and confronted with these persons. It is then alleged that John was armed with weapon like sword and his other accomplices rushed to him and tormented him verbal abuses and asked to vacate the premises immediately. It is then alleged that John raised the sword in his hand and threatened the persons present there, thereby creating reign of terror. It is then alleged that John attempted to assault him by sword, but the complainant restrained him and some how managed to save himself. It is alleged that the other three to four persons present there assaulted by means of stones and bricks and Michael pulled up a stool lying there and threw it at him. It is also alleged that Michael assaulted his sister and he is attributed an act amounting to outraging her modesty.