GANESH ASHOK NAGAVKAR 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. 11 of 2019 pending on the file of the ld. Addl Sessions Judge, Sindhudurg at Oros. The said case arises from C.R. No. 183 of 2018 registered at Sawantwadi Police Station for offences under Sec. 302, 396, 201, 120B, 404 and 411 of the Indian Penal Code.

(2.) Heard learned 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 Abdul Rauf Esak Mulla, the owner of truck bearing No. KA-22/ B-8526. One Anwar Hussein Md. Yusuf Akhtar and Tausif Mehboob Hinnigiri were employed by him as drivers and the deceased Rajnikant Mane was working on the said truck as a cleaner. The first information report reveals that on 12/10/2018 the said truck had gone to Jawahar Shetkari Sanghatana for loading sugar. The Driver- Anwar and the deceased Rajnikant Mane were on duty on the said truck. On 15/10/2018, deceased Rajnikant Mane informed the first informant that sugar was loaded in the truck. He also told him that driver Anwar had reported ill and that driver Tausif would join near Nipani Highway. Said Rajnikant Mane told him that he would drive the vehicle and according he left the sugar factory at about 2.30 p.m. The first informant was in constant touch with deceased Rajnikant Mane. At about 6.35 p.m. the deceased told him that he was at Nipani Indian Oil Petrol Pump. The first informant spoke to Ingle from the phone of the deceased. Said Ingle had told the first informant that two other persons, who claimed to be passengers were in the truck. He states that about an hour later when he tried to contact the deceased, his phone was switched off. Someone picked up the phone at about 9.00 p.m., but disconnected the phone immediately, and thereafter the phone was once again switched off. He was unable to trace the truck and the deceased Mane. He has stated that on 17/10/2018 he received phone from Amboli Police, inquiring whether he was the owner of truck No. KA-22 B 8526. He went to the Police station, and identified the truck. There was no sugar in the truck. He saw the dead body of Rajnikant Mane with a cloth tied around his neck and injuries on his head. He therefore lodged the FIR against unknown person for committing murder of Rajnikant Mane, and committing theft of 25 tons sugar from the truck.