SHYAM DAMODAR BANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application is placed before this Court as the regular Bench (S. K. Shinde, J.) has expressed inability to take up the matter.

(2.) The applicant (accused No.3) alongwith co-accused has been chargesheeted in connection with C.R. No.I-27/2017 for the offence punishable under Section 302, 324, 326, 143, 147, 149 and 504 of IPC registered at Tokawade Police Station, District Thane. There are in all 21 accused in the said offence.

(3.) The prosecution case as disclosed from the complaint lodged by Sachin Dalvi, who is the brother of deceased Nitin Dalvi shows that there is a long standing dispute between the two families namely Dalvi Family and the Bandal Family over a piece of land in respect of which a case is pending before the Civil Court. The incident in question happened on 31/3/2017 at about 4.00 p.m. when the complainant alongwith his mother Ratna and deceased Nitin were constructing a house on the land alloted by the Government. It is said that at that time the applicant alongwith co-accused came on the spot and accosted the deceased as to how the construction is being made and further asking him to stop the construction claiming that the land is belonging to them. It is said that Nitin did not heed to the request and continued with the construction. It is the material prosecution case that thereafter the deceased was assaulted with bamboo sticks and iron rod etc., on his back and legs and fist and kick blows. As a result of the same, Nitin sustained grievous injuries and succumbed to the same during treatment on 11/4/2017. In the incident, the mother of the complainant Ratna also sustained injuries.