RAJAN SHARWAN UDARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Application, the Applicant (Accused No.2) is seeking bail. The Applicant alongwith Satish Namdev Khutle (Accused No.1) has been chargesheeted for the offence punishable under Sec. 302, 449 and 506 (II) r/w. 34 of IPC.

(2.) The prosecution case, as disclosed from the complaint lodged by Sarita alias Vasanti Shyam Mukadam is that, on 10/10/2017, at about 12.45 p.m., the informant had heard shouts from the house of her cousin brother Madhukar Ramdas Khutle. The informant therefore rushed to the house of Madhukar, when one person on seeing her, had closed the door of the house. When the first informant peeped through the window, she found that Sitabai Khutle (since deceased) who is the mother of Madhukar Khutle and Sau. Aparna, wife of Madhukar Khutle were lying in a pool of blood with injuries to their neck by sharp weapon. According to the first informant, she had noticed two persons in the house who fled from the rear door. She had given description of the two persons. After the informant raised shouts, the neighbourers and villagers gathered and the police were informed. On the basis of the complaint lodged on 10/10/2017, the offence came to be registered and after investigation, the chargesheet is filed. The supplementary statement of Sarita Mukadam was recorded on 11/10/2017.

(3.) According to the prosecution, Ramdas Khutle had allegedly committed encroachment over the land of Namdev Khutle, the father of Accused No.1 and on account of said annoyance, he committed the murder of Sitabai Khutle and Aparna Khutle with the help of the present Applicant who is maternal cousin brother of the Accused No.1.