VIJAY SHIVRAM SABALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 389 of the Criminal Procedure Code by the applicants, who have been convicted and sentenced by the Sessions Judge, Satara in Sessions Case No.74 of 2016 on 5/7/2023. The operative part of the impugned judgment is as under :-

(2.) Few facts germane for disposal of the application can be stated as follows.

(3.) Complainant - Rahul Madhukar Sabale was then working as a Police Head Constable at Kolhapur. The father of the complainant is a resident of village Vaduth. The complainant has an agricultural land at Vaduth. His parents reside at Vaduth. The complainant had visited Vaduth on 11/11/2015 during Diwali holidays. It is the case of the prosecution that on 14/11/2015 around 10.00 a.m., Mahesh Sabale - brother of the complainant was driving his tractor towards Vetalpatti Shiwar. When he reached near the Kanher Canal road, he noticed one of the applicants unloading sand illegally transported by him on the public road. It was stolen sand which was being unloaded by the applicant - Anil, who was in habit of transporting and unloading illegally excavated sand on a public road. Mahesh Sabale warned him not to unload sand on a public road. Applicant - Anil, therefore, threatened Mahesh not to obstruct him in unloading the sand on a public road, else, he would kill him as well as kill his family members. Mahesh, in turn, informed about the threats to the complainant - Rahul Sabale. Rahul, therefore, called applicants - Anil, Vijay and others in front of his house and asked them not to quarrel with Mahesh. The applicants with other accused thereafter left the place.