ASHOK ANANDA HANGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for bail made by the applicant/original accused Ashok Ananda Hange, who is charged for offences punishable under Sections 49, 8-A and 302 of the Indian Penal Code, vide C. R. No. 168 of 2000 registered by Miraj Rural Police Station, Miraj, District sangli.

(2.) APPLICANT s application for bail came to be rejected by the IV Additional Sessions Judge, Sangli by his order dated 22nd February, 2001. Charge-sheet is already filed by the police.

(3.) THE case of the prosecution is that the applicant s marriage took place with deceased Kalpana in the year 1996 and she was residing with the applicant/accused at Village bedag. The prosecution case further is that the applicant used to ill-treat her and was demanding suitcase, clothes and gold. The deceased Kalpana had gone to her parents place because of this persistent illegal demand made by the applicant, and she lived with her parents for about two years. However, some relatives of deceased Kalpana somehow, convinced her, and brought her back to her matrimonial home. The accused also used to suspect her character, and used to abuse and beat her. On 8th October, 2000, at about 9. 30 a. m. , as per the prosecution story, the applicant/accused poured kerosene on the person of Kalpana and set her on fire. Kalpana was admitted to Mission Hospital, Miraj, where her dying declaration came to be recorded by the police. Crime came to be registered against the accused. In the dying declaration, Kalpana clearly implicated the accused, stating that there was persistent demand of gold, clothes and suitcase by the accused, and for that purpose, he was abusing and beating her. She also stated in the said dying declaration that the accused was suspecting her character and therefore, on 8th October, 2000, at about 9. 30 a. m. , he poured kerosene on her body and set her on fire. She had 73% burn injuries. She succumbed to her injuries in the hospital on 11th October, 2000. During the course of investigation, statements of various witnesses, including those of the relatives of the accused, so also, relatives of deceased Kalpana, including the statements of her parents came to be recorded by the police. After completing routine investigation, police filed charge-sheet in the Court of the Judicial Magistrate, First class, Miraj. The accused came to be arrested on 23rd November, 2000, and since then, he is in custody. Thereafter, the case was committed to the Court of Sessions, Sangli, where the applicant/accused made application dated 1st February, 2001, praying that the statements recorded by police, of the witnesses, namely, Ramchandra Hange, Laxman Hange, Keshav khade, Ramchandra Jagtap, Mangal Hange, Kamal Hange, etc. be produced before the Court, and the Court should go through those statements in the interest of justice. Thereafter, he made application for bail, which came to be rejected by a reasoned order dated 22nd February, 2001 by the IV additional Sessions Judge, Sangli.