BALASAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present applicant is apprehending his arrest in connection with CR No.186/2020 dated 8.8.2020 registered with Ashwi Police Station, Tq. Sangamner, District Ahmednagar for the offences punishable under Sections 306, 323, 504, 506 read with 34 of IPC .

(2.) Heard learned Advocate and learned APP for respective parties.

(3.) It has been submitted on behalf of the applicant that perusal of the FIR would show that the ingredients of the offence under Section 306 of IPC are absent. For invoking Section 306 of IPC, one must consider Section 107 of IPC. The contents of the FIR and the other papers would show that there was no instigation in any manner by the present applicant to the deceased. The contents of the FIR further show that the deceased was involved in sending the messages to a minor girl with whom, he states that, he had love affair. He continued the act of sending the messages to her even after her marriage was performed and, therefore, a meeting was called. As the applicant is well- wisher of family of the girl, he was present in the meeting, where it was agreed and decided that the deceased should not send such messages. It is stated in the FIR that when again such incident was found, present applicant-appellant along with others, went to the house of the informant, who is brother of the deceased at about 4.15 pm on 6.8.2020. At that time, he was not even present personally. But, it is stated that it was told to the informant that he should give understanding to the deceased if he repeats the acts. The informant states that when the deceased came back at 5.30 pm, he asked as to whom he has given message as the accused persons had come. But, then without hearing anything more, the deceased left on motorcycle and did not return. Thus, there was absolutely no dialogue between the applicant and the deceased which may be considered as instigation. The other IPC sections are bailable and at the most, it would be attracted to the deceased and not to the informant for which physical custody of the applicant is not required.