KARAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by Karan Kailash Itoria, who is arraigned as accused 3 in Crime 509/2021 registered at Rajapeth Police Station, Amravati for offences punishable under Ss. 302, 201, 120-B, 364 and 212 read with Sec. 34 of the Indian Penal Code (IPC), Ss. 4/25 of the Indian Arms Act,Sec. 142 of the Maharashtra Police Act and Ss. 3(2)(v) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (Atrocities Act), assailing the order dtd. 20/5/2022 rendered by the learned Special Judge and Additional Sessions Judge-2, Amravati rejecting the application preferred under Sec. 439 of the Criminal Procedure Code (Code). It appears that the memo of appeal and the prayer clause thereof incorrectly refer to the provisions of the Maharashtra Control of Organized Crime Act (MCOCA).

(2.) The crime is registered at 8.03 p.m. on 30/5/2021 on the basis of oral report lodged by Mahadeo Hiralal Wankhade. The first information report refers to the time or the receipt of the information as 12-47 p.m.

(3.) The gist of the report is that the nephew of the first informant Bacchu @ Rohan Wankhade resided along with his mother Ramabai in house adjacent to the first informant's house. Accused Nitesh Piwal and Akash @ Gangu More and Bacchu Wankhade were on inimical terms. According to the first informant, complaints were lodged against the duo at Rajapeth Police Station. Enraged, Nitesh Piwal and Akash @ Gangu More were threatening Bacchu @ Rohan Wankhade with dire consequences. At 4-00 p.m. on 29/5/2021 Nitesh Piwal and Akash @ Gangu More induced Bacchu @ Rohan Wankhade to accompany them on the pretext of having liquor and putting a quietus to the enmity. The trio consumed liquor at Sushil Nagar and then at 9-30 p.m. or thereabout Bacchu @ Rohan Wankhade was taken to the open land near Chakradhar Petrol Pump in the Car owned by Akash @ Gangu More. Witnesses Sameer Dongare, Shyam @ Shubham Wasnik and Tridev Dhendwal followed the car. According to the first informant, as soon as Bacchu @ Rohan Wankhade deboarded from the car Nitesh Piwal and Akash @ Gangu More assaulted him on the stomach and chest with sharp weapons and fearing for their lives the three witnesses fled. The first information report further states that at 12-00 p.m. on 30/5/2021 Sameer Dongare informed the first informant about the incident, and the first informant conveyed the said information to Police Station Badnera. The police went to the spot and noticed the badly mutilated body of Bacchu @ Rohan Wankhade.