SANJAY GAJANAN BUDHAWALE 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 C.R. No. 71 of 2020 registered with Pusegaon Police Station, District- Satara for the offences punishable under Ss. 302, 143, 147, 148, 149 and 188 of the Indian Penal Code and Sections 3, 5 of the Arms Act, Sec. 11 of COVID-19 Act and Sec. 51(b) of the Maharashtra Public Records Act.

(2.) It is the case of prosecution that on 24/04/2020 the informant 's son Himmat Devaba Budhawale ( 'deceased ' for short) and Prakash Mahadev Madane, a relative, had been to river for catching the fish. While deceased was returning after laying net in the river, it is alleged, that accused Balu Gajanan Budhawale, Sanjay Gajanan Budhawale (applicant), Gajanan Rambhaji Budhawale, Amit Nanaso Budhawale and Suraj Nanaso Budhawale came there and on account of earlier dispute started shoving the deceased. It is further alleged that the accused Suraj Nanaso Budhawale and applicant threw stones at Prakash Madane while accused Balu Gajanan Budhawale and Amit Budhawale dragged the deceased out of pond, beat him by fist and kick blows. It is further alleged that the applicant and accused Gajanan Budhawale then held the deceased by his legs whereas accused Amit Budhawale held both the hands of the deceased. It is then alleged that accused Balu Gajanan Budhawale hit a big stone on the head and face of the deceased. Similarly, the accused Suraj Budhawale also hit the stone on the head and face of the deceased. Thereafter, the applicant and others also assaulted the deceased by means of stones as a result of which the deceased died. The informant accordingly lodged the report.

(3.) Mr. Dhaigude, learned Counsel for the applicant, submits that there is inconsistency between the statement of Santosh Devaba Budhawale, brother of deceased and his statement recorded under Sec. 164 of the Code of Criminal Procedure ( 'Cr.P.C. ' for short) by JMFC, Vaduj. Similarly, according to learned Counsel, although the prosecution claims that Prakash @ Mahesh Mahadev Madane was accompanying the deceased but his statement recorded under Sec. 164 of Cr.P.C. by learned JMFC, Vaduj, does not support the case of prosecution. Learned Counsel also invited my attention to the statement of informant recorded under Sec. 164 of Cr.P.C. by learned JMFC, Vaduj, which is also inconsistent with his own FIR. For all these reasons, applicant deserves to be enlarged on bail, argued learned Counsel.