DEVIDAS ANANT GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant in connection with C.R.No.253 of 2022 registered with Kamshet police station, Pune for the offences punishable under Sec. 307 , 326 , 324 , 504 , 506 , 143 , 144 , 147 , 148 , 149 of the Indian Penal Code (for short ' IPC ') and under Sec. 3 and 25 of Arms Act. Aggrieved thereby, the Applicant has filed application under Sec. 438 of the Code of Criminal Procedure (for short ' Cr.P.C .).

(2.) The case of prosecution, one Akash Lalgude filed a report alleging that one Shubham Walunjkar quarreled with him without any reason but the informant left the place. Then the informant went towards house of Navnath Chopade and told him about the incident. At that time, Shubham, Gulab, Yogesh came there in a car and they quarreled with the informant and his cousin Sanket and beat them. After about 25 minutes, his friend Pramod and others came there by motorcycle. At about 4:35 pm, they all went near the house of Navnath and asked reason of quarrel with Shubham, Gulab and Yogesh. Thereafter, there was quarrel between them. Yogesh threatened the informant and others and removed pistol and pointed on forehead of the informant and threatened to kill him. Then, someone hit stick on the hand of Yogesh and pistol fall down. Thereafter, there was fight between them.

(3.) According to prosecution, Shubham used sickle in assaulting the informant and Navnath shouted loudly and called 15 to 20 people from the vicinity. People came there and started beating the informant and his friends. It is alleged that the threatened Applicant and others having sticks and stones and they chased his friend Pramod and Mangesh with intention to kill him, therefore, first information report (for short 'F.I.R.') is lodged against the Applicant and others.