LAWS(BOM)-2021-12-163

RAMNARAYAN RAJENDRA JAISWAL Vs. STATE OF MAHARASHTRA

Decided On December 14, 2021
Ramnarayan Rajendra Jaiswal Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in C.R. No. 271 of 2020 registered with Nandgaon Police Station, District- Nashik for the offences punishable under Ss. 307, 324, 323, 143, 144, 147, 148, 149, 452 of the Indian Penal Code.

(2.) It is the case of prosecution that informant, at the relevant time, was live-in-relationship with injured Bhushan Macchindra Aher. According to her, three years ago on account of election in the village a quarrel had taken place between injured and the accused persons.

(3.) On 26/05/2020 at about 10-30 a.m., the informant and said injured were sitting in the hall, all of a sudden accused Shailesh Chhagan Nemane, Vaibhav Sudhakar Parkhe, Ramnarayan Rajendra Jaiswal (applicant), Yuvraj Sudhakar Parkhe, Nilesh Chhagan Nemane, Lakhan Balasaheb Parkhe and two-three unknown persons entered into the house. It is alleged that accused Shailesh Chhagan Nemane, Vaibhav Sudhakar Parkhe and applicant gave blows of sickle on the head of the injured. Other accused, namely, Yuvraj Sudhakar Parkhe, Nilesh Chhagan Nemane, Lakhan Balasaheb Parkhe and two-three unknown persons also entered into the house. Accused Yuvraj Sudhakar Parkhe and Nilesh Chhagan Nemane gave blows of iron rod while accused Lakhan Balasaheb Parkhe gave blows of a wooden log on the head, back, hands and legs of the injured. Even the informant was also assaulted. When the villagers gathered all accused fled away.