RANJANKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant has challenged the order dtd. 10/05/2022 passed by the Additional Sessions Judge, Kalyan, below Ex.4 in Sessions Case No.272/2021 whereby the Applicant's claim that he was below 18 years at the time of incident, was rejected.

(2.) Heard Mr. Vijay K. Jha, learned counsel for the Applicant and Mr. Arfan Sait, learned APP for the State. Nesarikar

(3.) Before adverting to the impugned order, it is necessary to mention brief background of this case. On 01/03/2021, C.R. No.107/2021 was registered against the Applicant by one Rajesh Gupta. It was his case in the FIR that on 28/02/2021, the first informant, his wife Shweta and the present Applicant were present in his ration shop. They consumed liquor. At about 10.30 p.m., the first informant went away from the shop because his wife Shweta discussed something which the first informant did not like. After some time, he received a phone call from the Applicant informing him that Shweta had suffered injuries with knife. The first informant went back to the shop to find Shweta in an injured condition. She had suffered incised wounds over her throat, elbow, palm and stomach. She was taken to the hospital, where she was declared dead. On this basis, he lodged his FIR.