SUNIL YADAVRAO DHAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the rejection of application for grant of bail filed by the appellant, the appellant has filed this appeal. The appellant is arrested in Crime No.423/2021 for the offences punishable under Sec. 302 r/w 34 of the Indian Penal Code and Sec. 3(2)(v) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the report lodged by the mother of deceased Udalat.

(2.) The appellant along with accused no.2 was arrested. Initially the name of four persons was mentioned by the first informant who is mother of the deceased. As there was monetary transaction between the family of deceased and the accused persons and the quarrels used to take place between the deceased and the accused persons, the first informant has mentioned the name of this appellant along with other accused persons in her first information report. In supplementary statement she has mentioned the names of only two accused persons and the crime is registered against both of them.

(3.) It is the case of the prosecution that on 28/12/2021, Udalat had left the house at 10.30 a.m. but did not return. The first informant was under impression that her son had gone to Panhala village and had stayed there. On 30/12/2021 i.e. after two days, at about 12.00 noon, the informant came to know from the villagers that the body of her son had been found in the field of one Khushabu Zodape. The informant rushed to the field and saw that a nylon cord was found tied around the neck of the dead body and dead body was bloated. There were disputes between the accused persons and her son, due to which, she suspected that the accused persons had murdered her son. As the deceased was from scheduled caste community, crime under the atrocity act is also registered.