NAGNATH MANIKRAO KUSHNURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for bail in connection with the offence under section 302 of the Indian Penal Code (I. P. C.) registered as Cri. No. 37 of 1997 with Sonkhed Police Station, Taluka Loha, District Nanded.

(2.) WITH the passage of time, the petition, although for bail, has some peculiar features of its own. The incident in question had taken place on 1-7-1997 at about 8. 30 or 9 a. m. There is no dispute that as many as 33 persons were arrayed as accused. According to prosecution story, these persons chased deceased Babarao Dhonde, while he was walking on the road. Babarao entered the house of witness Manik in order to save himself but the assailants entered the house and Babarao was consigned to death with severe attack resulting into as many as 23 injuries including 20 incised injuries and two fractures, of parietal bone and frontal bone. As many as 27 persons were arrested and others were reported to be absconding. Arrested persons were tried by the learned Additional Sessions Judge, Nanded vide Sessions Case No. 185 of 1997, which ended in acquittal of all the accused persons by judgment and order dated 5th and 7th of October 2002. Applicant is said to have been arrested on 15-9-2002, probably after conclusion of evidence of all the witnesses for the prosecution in Sessions Case No. 185 of 1997 and therefore, a separate charge-sheet is submitted as against him, which is now registered as Sessions Case No. 137 of 2002 after committal by the learned Magistrate on the same day i. e. on 16-9-2002.

(3.) IT must also be recorded here itself that the State has preferred Criminal Appeal No. 52 of 2003 against the judgment of acquittal, which would be considered for admission by a Division Bench of this Court. Original complainant Kailas has also filed Criminal Revision Application No. 347 of 2002 challenging the legality, propriety and correctness of the said judgment of acquittal. On the basis of the first information report (F. I. R.) lodged by one Ramrao, who was accused in the present case (S. T. No. 185/1997), offence was registered against 13 persons of present prosecution side and that case was also tried by the same Judge, as Sessions Case No. 216 of 1998 and disposed of by separate judgment dated 7-10-2002, ending in conviction of 6 persons for the offence punishable under section 307 of I. P. C. Six convicted persons have preferred Criminal Appeal No. 607 of 2002 against the conviction and Ramrao has filed Criminal Revision Application No. 7 of 2003 against the adequacy of sentence.