NAGESH BABASO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in C.R. No. 222 of 2020 registered with Kodoli Police Station, District-Kolhapur for the offences punishable under Ss. 302, 201 of the Indian Penal Code.

(2.) It is the case of prosecution that the informant is a Police Patil of village Aawali. Applicant and one Sanjay Ganpat Patil are friends. There was rumour in the village that since last two years the wife of said Sanjay Patil, namely, Savita Sanjay Patil ( 'deceased ' for short) was having illicit relations with the applicant. Even Sanjay Patil suspected on the character of the deceased and, therefore, there used to be quarrel between them.

(3.) It is alleged that since the deceased was missing and her body was found, initially the informant lodged the report against the husband of the deceased but later on, during the course of investigation it revealed that it was the applicant who had killed the deceased.