RAKESH DNYANESHWAR SURYAWANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in Crime No. 179 of 2020 registered with Chinchwad Police Station, Pimpri Chinchwad, Pune for the offence punishable under Sections 302, 141, 143, 147, 148, 149 of the Indian Penal Code (the IPC), Section 4 (25) of the Arms Act and Sections 37 (1) read with 135 of the Maharashtra Police Act.

(2.) Deceased Prem Saibu Lingdale was the relative of informant. On 3rd July, 2020 at about 11.30 pm, informant, deceased, Hussain Bagwan and Vinayak Varke were in search of liquor and food. When they reached a place by name Bijali Nagar, they met one of their acquaintance, namely, Maddy Madiwal, who was in his auto rickshaw. They enquired as to where his friend Ganesh Khangate is. Since the said Maddy Madiwal was not answering properly, all of them beat him by fists and kick blows and also damaged his auto rickshaw. Maddy Madiwal then threatened them and went away.

(3.) At about 00.15 hours, when informant and others reached at Shree Ram Colony No. 4, Balwant Nagar, Chinchwade Nagar, Chinchwad, Pune and were chitchatting, 7 to 8 boys came on a motorcycle. One of them was applicant. They all were armed with sickles and palghan and started running on their person. Being afraid, they all started running helter-skelter and concealed themselves in a corner of galli in darkness. However, from there, they saw that deceased was caught hold of by the said persons including applicant in front of Balaji Niwas, Shree Ram Colony No.4, Balwant Nagar, Chinchwade Nagar, Chinchwad, Pune and assaulted continuously on his head by means of sickle and palghan and then fled away. When informant and others reached there, they found deceased in a pool of blood and his head was crushed. They then summoned the maternal uncle of deceased and also the police. Deceased was taken to Y.C.M. Hospital where he was declared dead. Informant accordingly lodged the First Information Report (FIR).