NISHA KAILAS SABLE 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.I-274 of 2022 registered with Ambad police station, Nashik for offences punishable under Ss. 302 r/w 34 of the Indian Penal Code (for short ' IPC ').

(2.) According to prosecution, one Hari Singh of concerned police station lodged a report alleging that he received information on 12/6/2022 that one person is found dead. When he visited spot of incident, the applicant who is wife of deceased informed him that on 12/6/2022 at 4:30 to 5 am her deceased husband came in the house in intoxicated condition. He had injuries on his head. She applied turmeric to heal wound. Thereafter, her husband went to sleep. She went to wake up him, he found dead. Accordingly, report was lodged with concerned police station. In the inquest panchnama, it was revealed that the death is homicidal. According to prosecution, the deceased was having of influence of liquor and had illicit relationship with one Bharti Deore. Accused persons Pintu, Babu and Rohit were his friends. On 12/6/2022, the aforesaid persons who were trying to convene the deceased not to consume liquor, scuffle broke out between them. Accused Nos.1 to 3 assaulted the deceased all over the body by using wooden rod. The role attributed to the applicant is of assaulting private part of the deceased by fist and blows. After assault, accused No.1 to 3 carried out deceased on their motorcycle. The applicant applied turmeric on wounds on head. He was administered turmeric milk by the applicant. According to prosecution, accused Nos.1 to 4 in connivance with each other committed murder of the deceased.

(3.) Initially, Sec. 304 read with 34 of the IPC was registered against accused. However, later on Sec. 302 was added against all accused.