VIKAS FAKIRA RANDHIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant and the learned APP for the respondent-State.

(2.) The applicant, who is the son of the deceased is claiming bail in Crime No.I-112 of 2017, registered with Shirdi Police Station, District Ahmednagar, for the offences punishable under Ss. 302, 201, 120-B read with Sec. 34 of the IPC.

(3.) The prosecution case in brief is that the deceased father was not willing to partition the land. Hence, the applicant and his brothers were harassing him. The deceased was residing in the plot, where the co-accused Madhukar was residing. The deceased had lodged the reports complaining against his sons for harassing him for handing over the land to them. A suit for partition was pending. Since, the deceased was not willing to partition the land, both accused with common intention plotted a conspiracy and strangulated the father. They posed that the deceased died of the heart attack. The first informant, the sister of the applicant came. She shifted the dead body in ambulance and then it was transpired that the deceased was strangulated and beaten mercilessly. The prosecution had the statement of the wives of the accused and the relatives establishing that the accused were forcing the deceased to partition the land and when he was opposing, they were quarreling with him.