SUKAT MOHADAN CHOUHAN 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 Crime No.336 of 2020 registered with Satpur Police Station, Nashik for offences punishable under Ss. 302 and 326 read with 34 of the Indian Penal Code (the IPC).

(2.) It is the case of prosecution that on 14th November, 2020 at about 11.00 pm., informant's brother, namely, Amardeep, at the relevant time was residing in the house of one Shrikant Yadav, came and told that a quarrel had taken place between him and Vishal Shrikant Yadav over bursting of crackers and asked her to accompany him to the house of Shrikant Yadav. Accordingly, informant, her husband Samaldev Yadav (since deceased) and children went to the house of Shrikant Yadav. The mother of said Vishal came and requested them to go back to the house and that she would enquire with her son in the morning. Meantime, Vishal came and then again a verbal duel started between Amardeep and Vishal. While the exchange of words were going on, the neighbour of Shrikant, namely, Sukat Chouhan (applicant), his son Sandip Chouhan and Sanjay Chouhan also came. Sandeep Chouhan asked Amardeep to stop the quarrel and better discuss in the morning. To this, Amardeep replied that the quarrel is settled and who is he to intervene in the matter. Because of this, Sandeep got annoyed, went inside the house and brought a bat. At that time, Amardeep was standing behind deceased. When the said Sandeep tried to caught hold of Amardeep, the deceased came before them. The prosecution alleges that the applicant caught hold of deceased from behind while Sandeep and Sanjay started assaulting on the head of the deceased by means of a bat. Later on, deceased was shifted to the hospital. However, deceased succumbed to the injuries during the course of treatment.

(3.) Mr. Nikam, learned Counsel for the applicant, submits that the alleged role attributed to the applicant will not attract the provisions of Ss. 302 of the IPC inasmuch as the blows were given on the head by other co-accused. Further, the alleged incident took place at a spur of moment and therefore, in the facts and circumstances of the case, Sec. 302 of the IPC will not be applicable. Investigation is over. There are no criminal antecedents and therefore, the applicant deserves to be released on bail.