NAVNEET Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In the present revision application a challenge is raised to the order dtd. 29/12/2021 passed by learned Additional Sessions Judge-8, Nagpur in Sessions Trial No. 305 of 2021 vide order below Exh.31, rejecting the application filed under Sec. 227 of Code of Criminal Procedure for discharge.

(2.) The case of the prosecution in brief is that on 17/11/2021 one Dharmendra Bharti lodged a complaint that his son Vishal during the night intervening 11/11/2020 and 12/11/2020 had gone out with accused Mithun Koche, however, he did not return home during the whole night. In the morning 12/11/2020 around 9.30 am when the daughter of the informant made a phone call on the mobile of the deceased, it was picked up by the police officials who informed her that the deceased was found in unconscious state under the bridge of Pandhurna - Kalmeshwar bye-pass on Kolar river. In the hospital, he was declared brought death. Accordingly, the crime was registered for the offence punishable under Sec. 302 read with Sec. 34 of Indian Penal Code against the accused Mithun Koche. During the investigation, memorandum under Sec. 27 of the Indian Evidence Act was recorded, wherein the accused Mithun Koche disclosed the name of the applicants and alleged that at the relevant time the applicants were presents with him at the spot of incident. Thereupon, the applicants were arrayed as accused.

(3.) During the investigation, nothing incriminating against the applicants was found. Thus, only basis to arraign the applicants as accused is memorandum under Sec. 27 of the Indian Evidence Act. In the said memorandum, the accused no.1 has stated that while they were on the bridge, exchange of hot words took place between the deceased and the accused no.1 and in the same he gave a push to the deceased because of which he fell down from the bridge. He states that at that time the applicants were sitting in the car and after the deceased fell down from the bridge, he went to the applicants and informed them about the incident. Thereupon, they reached to the deceased and found him lying in the pull of blood, therefore, they fled away.