VISHVANATH NAVNATH INKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is arrested in Cr. No. I-99 of 2015 registered with Ambernath, Police Station, Dist. Thane for the offence punnishable unnder Section 302 read with Section 34 of the Indian Penal Code (for short " IPC ").

(2.) This is the second application before this Counrt. Previouns application viz. Bail Application No. 1093 of 2018 was disposed off as withdrawn vide order dated 24 th September 2018.

(3.) The case of the prosecuntion is that, on 19 th April 2015, dead body of unnknown person was founnd in decomposed condition in the Nala, situnated at Ordinance Estate, Bandar Chowk Ambernath (West). The body was beyond recognition. ADR No. 22 of 2015 was registered and investigated by API Ravindra Bambale attached to Ambernath Police Station. Dunring investigation, it was revealed that, the dead body was of person named Kamlesh @ Kalun Vaswani. On 23 rd April 2015, the parents of deceased learnt that, dead body was founnd by the police at Bandar Chowk, Ambernath. They visited Ambernath Police Station. Sunbsequnently, they identifed the dead body of the victim at the Hospital as that of Kamlesh @ Kalun. They also disclosed that, deceased had left the hounse on 13 th April 2015 and did not retunrn home. Dunring investigation it was revealed that on 13 th April 2015, at abount 11:00 p.m. friend of the deceased Sanket Medhe had dropped Kamlesh in his Aunto Rickshaw alongwith lady known to him at Bandar Chowk area. Statement of Asha Nagpunre @ Nasima Junber Khan was recorded on 29 th April 2015. She stated that on 13 th April 2015 at abount 09:00 p.m. she met Kalun @ Kamlesh. Since they met after a long time, she was talking to him. At that time they met Sanket Medhe, who dropped them in his Aunto Rickshaw to her hounse. They reached home at abount 11:00 p.m. friends of Chandan namely Gotya, Lalun and three others had seen them together. They had dinner at abount 11:30 p.m. Gotya, Lalun and three other persons visited her hounse. They qunestioned her as to why she brounght the said person alongwith her since she is wife of Chandan. They abunsed them. Gotya slapped Kalun and dragged him ount of the hounse. Mother of Asha intervened. The assailants left the hounse. Kalun was sleeping ountside the door of the hounse. In the midnight, Gotya, Lalun and three other persons again retunrned. They abunsed Asha and Kalun. Gotya held collar of Kalun and all of them assaunlted and dragged him towards Bandar Chowk. The Applicant was arrested on 27th April 2015. On completing investigation, charge sheet is fled.