NITIN RAJU DHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant came to be arrested on 28/12/2020 in connection with Crime No.215 of 2020, registered with Nashirabad Police Station, District Jalgaon, for the offence punishable under Sec. 302, 201, 120 B r.w.34 of IPC.

(2.) Heard learned Advocate Mr. S. G. Chapalgaonkar for applicant and learned APP Mr. A. M. Phule for respondent-State.

(3.) It has been vehemently submitted on behalf of the applicant that the investigation is complete and charge-sheet is filed, therefore, the physical custody of the applicant is not required for the purpose of investigation. The FIR has been lodged by the father of the deceased. Deceased Dipak was the son of informant Bhagwan Raghunath Sapkale and in the FIR itself it is stated that deceased Dipak had illicit relations with the wife of present applicant. Informant is having only hearsay information as to who had met Dipak either on the day of incident or just prior to that. In spite of warning by the father, Dipak had not severed his relationship from the lady. Informant says that on 26/12/2020 at about 08.00 p.m. Dipak went with his friend Yadnesh @ Bhushan Anant Surve to see the father of their friend who had met with an accident. Dipak did not return and therefore in the morning informant asked Yadnesh as to where Diapk is. Yadnesh told that Dipak met him at the bus stand and told that he has some work at Savda and the family members will not allow him to go, and therefore, he should come to his house and tell that his friend's father has met with an accident and should take along with him. Therefore, he had come to fetch him and then by taking him on motorcycle, they had gone to Maskavad. Thereafter, they had taken their friend Prashant Tayde along with them and went to Savda. At that time Dipak told that he has illicit relations with the wife of present applicant and he want to meet her as she had come to her parental home at Padalsa. All of them went to Padalsa and tried to meet the wife of applicant, but she told that since her brother is at home, they should go away. Thereafter, they went from Padalsa to Bamnot and at that time Dipak received phone call from the wife of applicant and she invited him. Therefore, Dipak asked Yadnesh and Prashant to get down and Dipak went to meet the lady. After about 1 1/2 hour when Yadnesh contacted Dipak, his phone was switched of. However, they tried to contact the wife of the present applicant, it was picked up by a male person and he told that they are going to Jalgaon, and therefore, they should go back. Again Yadnesh was trying to contact Dipak, however, the contact could not be established. Informant then states that he along with other persons went to Padalsa to make inquiry about Diapk. They met present applicant and he told that he had met Dipak around 10.00 p.m. on a pan stall, but he has no idea where he had gone. Again search was taken and it was informed that a dead body has been found on the railway tract at Jalgaon Khurd. Informant went where the dead body was kept. He identified the dead body of Dipak, and therefore, informant says that after calling Dipak by the wife of present applicant, the present applicant and brothers of the wife of the applicant had killed Dipak.