GOVIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Section 438 of the Code of Criminal Procedure by three of the accused from Crime No.26/2020 registered with Gangakhed Police Station, District Parbhani for the offences punishable under Sections 307 , 323 , 504 , read with Section 34 of the Indian Penal Code.

(2.) Shortly stated the allegations are to the effect that on 18.01.2020 in the evening hours the informant was sitting on a bullock cart which was parked in front of the shop of the accused Sanjay. Sanjay along with present applicants was sitting in the shop. In the meantime, informant's friends Balu @ Mangesh Munjaji Muthal and Pandit Anandrao Bhise arrived there on a motorcycle and started talking to him. Having seen them talking, Sanjay came near him and questioned him as to why he was sitting in his bullock cart and started abusing him. He then got down from the cart. The applicants caught hold him and Sanjay slapped and assaulted him. Thereafter Sanjay brought a thermocol cutter from his shop, declared his intention to kill the informant and inflicted injuries with that cutter on the neck and chest and attempted to kill him. He was shifted to Government Hospital at Gangakhed and thereafter was referred to the Government Hospital Nanded. The FIR was lodged on 19.01.2020 and the crime was registered.

(3.) The learned advocate for the applicants submits that though the applicants have been named in the FIR no specific overt act is attributed to them. It is being vaguely alleged that they exhorted Sanjay and aided him by catching hold the informant. The injuries with a weapon are attributed to accused Sanjay. The incident had taken place on a spur of moment. There was no strong motive. Nothing is to be discovered from the applicants. There are no criminal antecedents. They are ready to co-operate the Investigating Officer and they may be granted anticipatory bail.