SHAHRUKH SALIM TADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is arrested on 17 th September 2020 in connection with C.R.No.I-539/2020 registered with Pant Nagar Police Station, Mumbai for offence punishable under Sec. 302, 323, 504, 506 read with 34 of Indian Penal Code (for short 'I.P.C.). The First Information Report (for short 'F.I.R.') was lodged on 25 th August 2020.

(2.) It is the case of the prosecution that on 23 rd August 2020 the brother of complainant Yogesh gave call to him and informed that Akash Sardar, Shahrukh Tade and his friends are assaulting him. The complainant rushed to the spot. He noticed that Akash Sardar and Avinash Bhopale were assaulting his brother Yogesh by fist blows on his chest, abdomen and back. The complainant tried to intervene and save his brother. Avinash alias Bala was abusing Yogesh. Akash Sardar had repeatedly assaulted Yogesh by fist blow on various parts of body. While the complainant was trying to intervene Akash Sardar, Avinash alias Bla Bhopale and Shahrukh Tade (applicant) assaulted him. The complainant managed to rescue his brother Yogesh from the assailants and took him home. Yogesh complained of chest pain. He fell unconscious. He was taken to hospital. He was declared dead. Pursuant to registration of F.I.R., statements of witnesses were recorded. Statement of the father of the deceased Vijay Garud was recorded on 27/8/2020. Statement of other witnesses were also recorded. On completing investigation, charge-sheet is filed.

(3.) Learned Advocate for the applicant submitted that no role of assault has been attributed to the applicant qua deceased Yogesh. None of the witness alleged that the applicant had assaulted the deceased. In the F.I.R., it is mentioned that the applicant had joined subsequently. It is mentioned that the deceased was being assaulted by the other accused. The F.I.R. only mention that the complainant tried to intervene and at that time, he was assaulted by applicant and others by fist blow. The allegations are vague. No weapon was used during assault. Sec. 302 of I.P.C. is not attracted. There are no criminal antecedents against the applicant. CCTV footage does not attribute any role of assault to the applicant. Fatal blow is attributed to the co-accused.