RAMDAS RAJARAM MOHITE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of learned counsel for both the parties, heard finally at admission stage.

(2.) The applicants are arraigned as an accused in Crime No. 133 of 2011, registered at Renapur Police Station, District Latur for the offences punishable under Sections 306 and 384 read with Section 34 of the Indian Penal Code (for short "IPC ") at the behest of the informant Mainabai Vishnu Hanvate, resident of Sathe Nagar, Pangaon, Tq. Renapur, District Latur.

(3.) It is alleged by the informant that the deceased Mahadev was her son. He was prosecuted by police for the offence under Section 376 of the IPC. Said case was pending since long. On Sunday dated 18.09.2011 the applicants visited the house of the informant and informed her that a warrant was issued against her son Mahadev. The applicants directed the informant to take the date and get the warrant cancelled. They demanded Rs. 500/- from the informant, accordingly she paid it. It is also alleged that the applicants were demanding Rs. 1,000/- from the informant and on that count they harassed her. It is further alleged that on 21.09.2011 the informant and her son went to the Court but the Clerk could not trace out the file of Mahadev, hence they returned home. On the same day, at about 10.00 to 10.30 p.m. Mahadev returned home hurriedly and asked the informant to close the door of the house. Mahadev disclosed that police had come to arrest her. Thereafter Mahadev went out of the house from rear door. About 15- 20 minutes thereafter, the informant came out of the house and saw that Mahadev had committed suicide by handing himself on the tamarind tree. With the help of neighbours, the body of Mahadev was taken on the ground and thereafter, it was taken to the Primary Health Center, Pangaon, where, doctor declared him dead, hence his body was sent for postmortem at Latur. Thereafter, FIR came to be lodged against the applicants.