BABASAHEB DADASAHEB KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is hereby assailing correctness, propriety and legality of the judgment and order passed in Criminal Revision Application No. 66 of 2000 (Old No. 227 of 1998), by the Additional Sessions Judge, Karhad.

(2.) SOME facts need to be mentioned for the purpose of unfolding the controversy and existence of this petition. The petitioner Babasaheb Koli, P. S. I. working in Karhad City Police station at relevant time, received information on 29-4-1997 at about 11 p. m. that some persons were gambling in a public place, when he was in Annapurna hotel along with his staff members, constable Salvi, BK. No. 2106 and constable Katkar Bk. No. 618, driver Shinde Bk. No. 225. Driver Shinde took his meal and others took tea and proceeded towards a tin shed (Tapari) near the place known as Kolhapur Naka. The said place was being used as office by Mathadi Kamgar at Karhad. The Petitioner Koli parked his jeep at some distance from the said tin shed (Tapari) and proceeded towards said tin shed. It is his contention that he saw some rickshawmen gambling by cards and money. One Yashwant Vibhute, (who had lodged complaint against Koli, wherein he alleged that Koli had murdered Jalindar Hogade) were amongst those persons. Petitioner Koli contended that he seized the packet of playing cards, money-used as instrument for gambling by apprehending those persons. He contended that at that time he noticed that deceased Jalindar Hogade was ill and therefore, he took him to Civil Hospital, where he was declared dead. He further contended that as, he had taken said Jalindar Hogade to Civil Hospital, he was late in lodging the complaint against Jalindar Hogade, Yashwant Vibhute and others who were found gambling in public place. He further contended that he was under the surveillance of his superior police officers and therefore, also he was late in filing the complaint against deceased Jalindar Hogade, Yashwant Vibhute and their associates in respect of the said offence of gambling in public place, which was punishable under provisions of Section 12 (a) of Bombay Prevention of Gambling Act, 1987 (hereinafter referred as Gambling Act for convenience ).

(3.) YASHWANT Vibhute alleged in his complaint that P. S. I. Koli (present petitioner), pulled deceased Jalindar and caught his hair and hit him by knee on his scrotum, which injured him seriously, as the result of which, he died. Yashwant Vibhute had alleged in the said complaint that P. S. I. Koli, the present petitioner had a motive to kill deceased Jalinder Hogade because he had conspired with the wife of Jalinder Hogade, who wanted to get the possession of rickshaw, which Jalindar Hogade was driving and which his wife wanted through the help of P. S. I. Koli. He further alleged that on account of that, P. S. I. Koli, on false accusation of gambling in a public place assaulted deceased Jalindar Hogade and murdered him.