ARJUN RAJENDRA DERE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in C.R. No. 224 of 2017 registered with Koregaon Police Station, DistrictSatara for the offences punishable under Ss. 302, 326, 109, 216, 120B, 34 of the Indian Penal Code.

(2.) It is the case of prosecution that on 21/08/2017 one Karan Barnekar had abused and assaulted the relatives of the informant, namely, Shubham More. Therefore, the informant along with his friend Shambhu Barge (deceased), Akshay Jagdish Barge, Akshay Sanjay Barge and others questioned Karan Barnekar about the incident. The prosecution alleges that at that time applicant assaulted Akshay Jagdish Barge on his right leg by iron rod and also tried to assault the deceased. Akshay Jagdish Barge had suffered a fracture on his leg.

(3.) According to prosecution, on the same day at about 9-30 p.m. deceased visited Akshay Barge in the hospital and then left. At about 10-27 p.m. the deceased called the informant on his mobile and informed that he has been assaulted and urged him to reach near Shivratna Hotel. Informant and others accordingly rushed and found the deceased having sustained a stab injury and was lying in a pool of blood. While they were shifting to the hospital, the deceased informed them that he was assaulted at the instance of Jaywant Pawar. Accordingly, the informant lodged the report. However, it appears that during the course of treatment the deceased succumbed to the injuries.