JAYDEEP DILIP TAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ( "Cr.P.C. " for short) challenges the order dated 16th August, 2021 in Crime No.350 of 2021 passed by the learned Additional Sessions Judge, Pune.

(2.) Prosecution case in brief, is that, the complainant being elected member of, Zilla Parishad, executed many civic amenities projects in her constituency. Her husband, was to help her out to execute the projects. May be because her work was appreciated by electors, Prashant Popatrao More, local politician, was on cross terms with the complainant 's husband. Apparently, two local politicians to gain popularity and supremacy in their constituency were, competing with each other in all possible ways. Resultantly, hostility grew between two groups. On a day in FebruaryMarch, 2021, one Rahul Gavhane, follower of the complainant 's group was abused and maltreated by the members of rival group, Prashant Popatrao More, group leader and his followers. After which, crime came to be registered against Prashant P. More; Vinod @ Tom Popatrao More and Akash More. On 1st June, 2021 at around 6.45 p.m. Akash More (son of Prashant More) and a unknown person came on motor-cycle and Akash More all of sudden opened fire on husband of the complainant from fire-arm. Distracted by the commotions, mob gathered around the spot, however, Akash More and another, fled the spot by waiving and scaring the mob by fire arm. Husband of the complainant was removed to the hospital. Complainant being eye witness disclosed the complicity of Prashant Popatrao More; Tom @ Vinod Popatrao More; Akash Prashant More and one unknown person. Whereafter the Crime No.350 of 2021 under Sections 307, 120B, 504, 506 of the Indian Penal Code, 1860 and Sections 3(25) (27), 4(25) of the Arms Act, against them.

(3.) Accused Prashant Popatrao More, Tom @ Vinod Popatrao More and Rahul @ Rebel Krishant Yadav were arrested on 1st June, 2021 and remanded to the police custody upto 14th June, 2021. Akash More, a juvenile, who opened fire, was also arrested on 1st June, 2021. In the course of the investigation, one country-made revolver; two 7.65 cartridges; one koyta; a knife and motor-cycle were seized.