MRUTYUNJAY NARAYAN PATOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant came to be arraigned as Accused No.4 in C.R. No.103 of 2020 registered with MIDC Kupwad Police Station. On completion of investigation and submission of police report, he is charge-sheeted for the offences punishable under Sections 302, 307, 120-B, 143, 147, 148, 149, 109 of the IPC and under Sections 4 and 25 of the Arms Act. The Applicant seeks his release on bail in connection with the said C.R. on the ground that there is no iota of evidence compiled in the charge-sheet against him and, he is falsely implicated in the offence only on the statement of the co-accused, which is not admissible in evidence.

(2.) On perusal of the charge-sheet, the prosecution case and the role attributed to the respective accused surfaces to the effect that one Dattatray M. Patole was done to death by some unknown persons by assaulting him by means of skythe and causing serious injuries. The Complainant is his nephew Chaitanya Sakharam Patole, who lodged a complaint on 10/07/2020, when he was informed by some acquaintance that his uncle has been murdered in the premises of Rohini Cold Storage. He had sustained several injuries and his skull was broken and internal substance material was oozing out with several other injuries on his body.

(3.) Charge-sheet indicts five accused persons and alleges that Accused No.1 had grudge against the deceased on account of the previous enmity and he along with Accused Nos.2 and 3 followed the deceased on their Splender motorcycle and arrived at the road, crossing Siddivinayak Bump Industries, where Accused No.1 pulled the deceased from his motorcycle and assaulted him by means of a sword. Thereupon, the deceased, in order to save his life, ran out of Rohini Cold Storage and was chased by Accused Nos.1, 2 and 3. Accused No.1 was armed with a sword, Accused No.2 armed with a Skythe and Accused No.3 stayed at the gate of Rohini Cold Storage while the deceased was assaulted by Accused Nos.1 and 2 by weapons in their hands. One Vijay Sawant, who attempted to rescue the deceased was also assaulted by Accused No.2 by means of Scythe and he sustained injury. After the incident, all the three Accused fled away from the spot on their Splender motorcycle. As far as Accused Nos.4 and 5 are concerned, it is alleged that they informed the other accused about the deceased departing on his motorcycle from his place of work, Sahyadri Starch Company and, after the incident was over and when Accused Nos.1, 2 and 3 fled away on their motorcycle, Accused Nos.4 and 5 followed them on their Activa Moped on Miraj MIDC Road. Accused No.2 is also charged with the act of destroying the shirt, which he was wearing at the time of incident so as to destroy the evidence.