BALSAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these applications have been filed by the original accused persons apprehending their arrest in Crime No.84 of 2020, registered with Wadwani Police Station, Dist. Beed for the offences punishable under Section 307 , 143 , 147 , 148 , 149 , 323 , 504 and 506 of the Indian Penal Code.

(2.) Heard learned Advocate Mr. M. P. Kale for applicants and learned Additional Public Prosecutor Mr. R. D. Sanap for respondent- State.

(3.) It has been vehemently submitted on behalf of the applicants that, the First Information Report against them is nothing but concocted story by the informant. There is previous enmity between the families. It was alleged that, the minor daughter of the informant was kidnapped by cousin brother of accused Apparao on 27-05-2019. The informant had registered First Information Report to that extent and, therefore, there was enmity. The informant says that, on 27-03-2020 accused Apparao went in front of the house of the informant and started saying that, there is no damage caused to them though First Information Report has been registered against them, and nobody will cause any kind of hurt to the accused persons. By saying so, he had threatened to kill the informant and then incident had taken place between 1.00 to 1.30 p.m. But thereafter, after about one hour again Apparao came along with his family members i.e. Balasaheb, Baburao, Vaijnath, Mirabai, Mandabai, Asrabai. Apparao, Balasaheb and Baburao were holding iron rod. Informant was assaulted by Apparao by means of iron rod on his head, which caused grievous injury to him. Balasaheb had caused injury to the wife of the informant and Baburao had assaulted daughter of the informant. It has been contended that, entire family has been unnecessarily roped. The injuries those have been caused are simple in nature and, therefore, provisions of Section 307 of Indian Penal Code are not at all attracted. Physical custody of the applicants is not required and, therefore, he prayed for anticipatory bail.