AMBADAS MOHAN PASALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure, 1973, (for short ' Cr.P.C .') in connection with C.R.No.78 of 2021 registered with Sangvi police station, Pune for offences punishable under Ss. 307 , 143 , 148 , 149 , 336 , 323 , and 504 of the Indian Penal Code (for short ' IPC ') and Ss. 4(25)(27) of the Arms Act and Sec. 37(1) r/w 135 of the Maharashtra Police Act.

(2.) According to prosecution, on 16/3/2021 at about 10:00 pm, the informant Akshay Ashok Chavan closed his hotel. Thereafter, while he was taking dinner with his cousin brother Shubham Dinkar Murkute and one Shankar Jathare. At that time, co-accused Amol Sanjay Dhumal came along with other co- accused. They asked the informant that they wanted to take dinner. At that time, the informant stated to them that he could not serve them the roti instead of roti he could serve them the Bhakari. Thereafter, the accused went away. At about 11:15 pm, the applicant/accused came with co-accused and 4 to 5 unknown persons. They started to pelt the stones towards the informant. Some of them started to beat the informant by hands. Some accused gave blows of stones on the chest and legs of the informant. Therefore, Shubham Mukrute got frightened and ran away. The applicant/accused sated to the co-accused as, "Mazhya porana jevan det nahis kay, tula evhada maj ala ahe ka, tula mahiti nahi ka mi ithala bhai ahe, tula ata sampawatoch". (" ek ;k iksjkauk tso.k nsr ukgh dk ? rqyk ekfgrh ukgh dk eh bFkyk HkkbZ vkgs- rqyk vkrk laiorksp-"). The applicant/accused has drawn the Koyata from the back side of his shirt and gave two blows on the head of the informant and injured him. The informant frightened and started to ran towards Baner. While he was running, the friends of informant came by four wheeler and the informant was taken to the Jupitor Hospital, Baner Pune. While the informant was in the hospital, his report was recorded by the police.

(3.) The investigating agency, therefore, recorded statement of witnesses. The injured was referred to Civil Hospital. After completion of investigation, the investigating agency filed charge- sheet.