IMRAN KHAN KARIM KHAN 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 Crime No.172 of 2018 registered with Police Station Manmad, Nashik, for offences punishable under Sec.302, 120(B), 307, 324, 323, 452, 143, 147, 148, 149, 504, 506, 427, 212, 34 of the Indian Penal Code (IPC) along with Sec.4/25 of Arms Act.

(2.) It is the case of prosecution that informant 's husband namely, Sameer Shaikh (Papya) (since deceased) had a business of tea stall at Manmad Railway Station. For many years there was enmity / dispute over tea stall business between Iliyas Ismail Sayyed, Irfan Ismail Sayyed, Imran Ismail Sayyed, Ismail Musal Sayyed along with nephew Irfan Momin. These persons had a small quarrel over some issue of children on 20th September 2018 around 11.45 p.m.

(3.) On 25th September 2018 at about 10.00 p.m., informant, her husband and children were taking dinner. All of a sudden the informant heard some one shouting and abusing deceased. It is further alleged that accused namely Irfan Ismail Sayyed and other 15 accused named in the First Information Report (FIR) along with 15 to 20 persons armed with sticks, swords, choppers, iron pipe, rods started assaulting the deceased on his head, hands and legs. When the nephew of deceased tried to intervene and save the deceased, he was also assaulted. Those accused also beat people who were seen outside and vandalized and destroyed vehicles outside the house. Thereafter, they fled away in vehicles.