MAHENDRA SHIVSHANKAR THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal under section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC and ST Act, 1989), is directed against an order dated 22nd April, 2019 passed by the learned Additional Sessions Judge-1, Vasai whereby the application preferred by the appellant/accused to enlarge him on bail, primarily on medical grounds, came to be rejected.

(2.) The background facts leading to this appeal can be stated in brief as under:

(3.) The prosecution alleges that on 2nd February, 2018 at about 9.00 am while the appellant was passing from in front of the house of the deceased an altercation ensued between the appellant and the deceased. The frst informant Ravindra and his brother Jagdish went to the said spot and attempted to pacify the appellant and the deceased. The appellant went to the house of his sister Sushila. The appellant and the co-accused again reached the spot in front of the house of the deceased and started to abuse the deceased and the frst informant with reference to their cast. Few of the co-accused were armed with weapons. One of the co-accused assaulted the frst informant. Jagdish was also assaulted by means of sticks. Rest of the co-accused also charged on the informant party. The appellant took out the revolver, which he had concealed near his waist, and fred at the chest of the deceased. The deceased collapsed. Hearing the sound of the gun shot, persons gathered and the appellant and the coaccused fed away from the spot. Accused came to be arrested. Post completion of investigation, chargesheet has been lodged for the offences punishable under sections 302, 323,324, 143, 147, 148 read with 149 of Indian Penal Code, 1860, section 25 read with section 3 of Indian Arms Act, 1959 and section 3(1)(x) of the SC and ST Act, 1989.