NARESH CHAGANLAL SONI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 439 Cr.P.C. filed by the aforesaid Applicant, who is facing trial in Sessions Case No. 730 of 2019, pending on the file of learned Sessions Judge, Dindoshi, Mumbai, for offence under Sec. 302, 504, 506 of the Indian Penal Code, arising from Crime No. 402 of 2019 registered with Kandivali Police Station.

(2.) Heard Shri Kadam, learned Sr. Counsel for the Applicant and learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsels for the respective parties.

(3.) The aforesaid crime was registered pursuant to the FIR lodged by Ramakkal Ramnihol Vishwakarma, father of the deceased Ajay. The facts narrated in the FIR prima facie reveal that on 22/7/2019, at about 12.30 a.m., he had seen the Applicant herein assaulting his son Ajay. The first informant claims that the Applicant gave a fist blow on the head of Ajay, and that he lifted him and threw him on the road, as a result, his son became unconscious. He was taken to Shreya Clinic of Dr. Arvind, who referred him to Oscar Hospital, and thereafter he was referred to KEM Hospital. Hence crime came to be registered for offence under Sec. 307 of IPC. In view of the death of Ajay on 23/7/2019, Sec. 302 of IPC came to be added.