NILESH MADHUKAR CHAUDHARY 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. 161 of 2018 registered with Chawani Police Station, Malegaon, District-Nashik for the offences punishable under Ss. 302, 328, 201 r/w 34 of the Indian Penal Code.

(2.) It is the case of prosecution that the informant, who is a Police sub-Inspector attached to Chawani Police Station was on duty on 02/10/2018. The informant received a phone call from Police Control Room that a girl, aged 17 years died under suspicious circumstances near New Vasti, Mahajan Tent House and her relatives are in a hurry to perform funeral. Accordingly, the informant along with staff members reached there. He tried to persuade the relatives that after the postmortem of the dead body the funeral can be performed but the relatives were not in a mood to listen and told that their daughter died due to heart attack. However, after much persuasion and with the help of other police personnel the relatives were persuaded. Finally A.D. No. 32/2018 under Sec. 174 of Criminal Procedure Code ('Cr.P.C.' for short) was registered with Chawani Police Station. Inquest panchanama was prepared and thereafter an autopsy was done over the dead body. The Autopsy Surgeon provisionally opined that the death was caused due to cardio respiratory arrest due to spinal cord injury due to the atlanto-occipital joint. The viscera was, however, preserved.

(3.) The prosecution alleges that during the course of investigation it revealed that the deceased girl was in love with one Om Dattatraya Chinchole, resident of Malegaon. The parents were unhappy and many a time tried to persuade the deceased but the deceased was not in a mood to listen. Ultimately, the parents with the help of applicant, who is cousin of the deceased, administered the slipping pills and killed the deceased. The informant accordingly lodged the report.