PALSINGH ASARAM PARCHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking his release on bail in connection with C.R.No.342 of 2019 registered with Tilak Nagar Police Station, under sections 302, 307, 323, 326, 504,506,506(2) r/w 34 of the Indian Penal Code , Under Sections 4 , 27 of Indian Arms Act and Under section 37(1) (A) r/w 135 of Maharashtra Police Act.

(2.) Heard Shri. Mohit Salvi, learned counsel for the applicant and Mrs. Rutuja Ambekar, learned APP for State.

(3.) The prosecution case is in respect of murder of one Manohar Chawariya. FIR is lodged by his son Deepak Manohar Chawariya. He has stated in his FIR that, on 08/08/2019, at about 11.45 a.m., he alongwith his brother Manoj were proceeding towards Adani Electricity Collection Centre at Tilak Nagar Colony. While they were passing through Pragati Mitra Mandal, Mohan Nagar area, they had to pass from the house of the applicant. Informant saw applicant, his wife Krishna and his son Sandeep standing on the road. Road was narrow. The informant sounded horn of his motor bike and signaled them to step aside. Applicant and his son got angry and started abusing the informant. Informant parked his two wheeler. His brother Manoj questioned the applicant and his son. The applicant started pushing Manoj. In the meantime, applicant's son Sandeep went to his house and brought a big knife. He gave a blow on the left side ribs of Manoj. Sandeep gave one blow on the informant's back. In the FIR it is alleged that applicant brought a iron rod and gave a blow on the informant's legs. Applicant's wife beat them with her hands. At that time, informant's father Manohar and sister Pooja came to help the informant and his brother. It is alleged that applicant shouted that even they should be fnished. Accused Sandeep then assaulted informant's father Manohar with the big knife. He was assaulted on his head, shoulder and legs. Pooja was assaulted on her back. Sandeep threatened the people who had gathered around the spot. Thereafter police came on the spot and informant and others were removed to hospital. Manohar was declared dead and other injured were admitted in the hospital.