RAHUL KALIDAS KUMBHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant (accused No. 1) alongwith the co-accused is facing prosecution for the offence punishable under S. 302 read with S. 34 of I.P.C. and S. 8(c) and 27 of the Narcotic Drugs & Psychotropic Substances Act, 1985 ('NDPS Act" for short).

(2.) Anil Shivaji Masal (since deceased) was found dead at 2.30 p.m. on 8th October, 2019 in a closed and deserted industry at Yadrav. The complainant Sunil Masal, who is brother of the deceased, reported the matter to the police, on the basis of which an offence came to be registered and after investigation, charge-sheet is filed.

(3.) The prosecution case is that the applicant, the co-accused and the deceased were friends. The deceased as well as the applicant used to visit the deserted industry for consuming Ganja. It is said that the deceased left his house on 7th October, 2019 and did not return till morning of 8th October, 2019, as a result of which the complainant made a search for the deceased and during the said search went to the place where the deceased usually went for smoking Ganja. It is said that the complainant found his brother Anil lying dead on the first floor of the said industry. According to the complainant, the deceased about 4 days prior to the incident had informed the complainant that there was a quarrel between deceased and the applicant and the co-accused, and the applicant and the co-accused had threatened the deceased with life. According to the complainant, he did not pay much attention to the said fact, as usually there used to be quarrels between the applicant and the deceased.