PRABHAKAR DEVBA GHARGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present applications have been moved by the applicants under Sec. 439 of the Code of Criminal Procedure in Crime No.80 of 2021 registered with Police Station Vaduj, Satara, for offences punishable under Sec. 302, 143, 147, 148, 149, 323 and 201 of the Indian Penal Code (IPC).

(2.) Interim Application No.2445 of 2021 filed by the intervenor is allowed to the extent of assisting the learned APP and stands disposed off.

(3.) The prosecution case in nutshell is that deceased Jagdeep Thorat was working with Khatav Man Taluka Agro Processing Ltd. Padal Sugar Factory ( "factory " for short) as a General Manager (Processing). An enquiry was conducted in respect of theft of sugar from the factory and the deceased was one of the suspect along with others. The prosecution alleges that on 10th March 2021, in between 5.00 p.m. to 8.00 p.m., first in the applicant no.1 's cabin and thereafter in Manoj Ghorpade 's cabin, the applicants and other accused assaulted deceased Jagdeep Thorat with fist and kick blows, fibre sticks and sugarcane sticks, as a result of which, he sustained serious injuries. At about 8.30 p.m., deceased 's wife and brother-in-law Vikram Patil are stated to have taken the deceased home and on the next day he was taken to hospital and on admission, was declared dead.