RASHID SAIFUDDIN VAJIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant/accused No.1 is seeking bail under Sec. 439 of the Criminal Procedure Code, 1973 in connection with C.R. No.I-54 of 2018 for offences punishable under Sec. 302 , 201 , 120-B read with Sec. 34 of the Indian Penal Code, 1860.

(2.) The case of the prosecution in short is as under. Accused No.1 (applicant) and the deceased were brothers. Their father Saifuddin Vajir had a factory at Gokul Shirgaon MIDC, Kolhapur under the name and style S.V. Engineering. The applicant was desirous of selling the plot and structure thereon to one Bhairu Dagadu More. However, the deceased was not willing to accept the said transaction. The applicant had executed an agreement in favour of accused No.3 for sale of the said premises. On refusal on the part of the deceased, the applicant along with co-accused Nos.2, 4 and 5 hatched a conspiracy to eliminate the deceased. Pursuant thereto, on 4/11/2017 accused No.2, the applicant and accused No.5 accosted the deceased at Kaneri cross and forcibly made him to sit in the Maruti Swift Desire car of the applicant. They took him to a meadow land near a quarry at Tamgaon. The applicant and accused No.4 came called upon the deceased to agree for execution of sale deed; however, the deceased declined. The applicant and co-accused assaulted the deceased by fist and kick blows. The applicant gave blow of iron rod on the head of the deceased. The deceased succumbed the injuries. His body was ted to two cement polls by nylon rope and was thrown in the quarry water.

(3.) On 24/3/2018, decomposed body of the deceased was found floating on quarry water. The deceased was identified. The applicant and other co-accused were arrested. The applicant was arrested on 29/3/2019. The investigating agency completed the investigation and filed charge-sheet.