KALYAN DADASO GAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being charge-sheeted for the offences punishable under Sections 307, 326 read with Section 34 of the IPC and Sections 3 , 5 and 27 of the Arms Act in C.R. No.563 of 2018 registered with Loni Kalbhor Police Station, Pune, the Applicant is seeking his release on bail. In the C.R. registered on 28/07/2018, the Applicant came to be arrested on 11/02/2019 and since then he is incarcerated. The C.R. came to be registered on a complaint filed by one Gulab Uttan Bhandalkar.

(2.) In the complaint, he has stated that he is a resident of Gunware, Taluka Phalton, District Satara and is engaged in social work. He states that there was a discord between himself and Dayanand Sadashiv Gawade and Vijay Sadashiv Gawade from the last election, because of the political back-guard. Last year also on account of differences, complaints came to be lodged in the Police Station. He then reported that on 27/12/2018 at around 5.00 p.m. to 6.00 p.m. when he was approaching Barad from Gunware, he spotted Vijay Gawade near Piravali. One unknown person followed him and he shot at the Complainant and injured him. The bullet hit his back and he started bleeding and fell on the ground. He states that he did not know the person who fired at him but he can identify him, if presented.

(3.) On completion of investigation, the charge-sheet came to be filed against six accused persons and the Applicant is Accused No.5. During the course of investigation, two country made pistols were recovered under the recovery panchanama executed under Section 27 of the Indian Evidence Act from Accused No.3 - Dnyaneshwar Sabale. Two rounds of 7.65 MA pistol and five live cartridges were also recovered. From the spot, one cartridge and magazine were also recovered. The charge-sheet is filed to the effect that the agricultural land which the present Applicant i.e. Accused No.5 and his cousin brother (Accused No.6) were cultivating, was taken into possession by the Complainant Gulab Uttam Bhandalkar and his friends by executing an agreement to sell and, therefore, the dispute ensued between the Complainant and the accused. As a sequel to this, the Applicant and his uncle (Accused No.6) - Vinayak Khombe engaged Accused No.2 - Amar Bendre and Accused No.3 - Vaibhav Bendre as slayer for contract killing of the Complainant for an amount of Rs.10 lakhs, out of which Rs.1 lakh was paid as advance and remaining was to be paid after the work was executed. The charge is to the effect that Accused No.6 - Vinayak purchased two country made pistols and 10 cartridges from Accused No.4 - Narayan Dnyaneshwar Sabale. It further states that Accused Nos.2 and 3 by riding their Bajaj 220 Pulsar Motorcycle followed the Complainant on the date of incident and fired at him with an intention to kill and injured him. The charge-sheet was, therefore, filed under Sections 307 , 323 read with Section 34 of the IPC along with relevant provisions of the Arms Act.