SHRIKANT JANARDHAN CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the applicants/ original accused nos. 1 to 4 have challenged the order dated 06-10-2001 passed by the learned additional Sessions Judge in Criminal Revision no. 79 of 2001, whereby the Revision has been dismissed and the order regarding framing of charge by the trial Court for the offences punishable under Section 306 and 406 read with section 34 of Indian Penal Code in Sessions trial No. 113 of 2000 has been confirmed.

(2.) The incident occurred on 29-8- 2000 at about 3. 00 p. m. The complainant murlidhar, all the accused persons and the people of the village sat in a row for taking meal. At that time accused Shrikant was serving the food. The complainant asked him to serve a particular food item on which the accused shrikant told him that he was a beggar and how he sat in the row of Patils for taking meal and refused to serve him. The complainant said that he had paid the contribution and had every right to take food by sitting in the row. Suddenly the accused Shrikant put the bucket on the ground and assaulted the complainant by fist and kick blows. The witnesses Gajanan Choudhari, vinod, Pandurang and other persons intervened and thereafter the complainant went to his home.

(3.) Then after about 1 or 1 1/2 hour, all the four accused armed with sticks arrived in front of the house of the complainant and asked the complainant to come out by raising their voices and also threatened that they would see as to how the daughters of the complainant, who were taking education at Shelu bazar, would go to school and on the way they would commit rape on both the daughters, namely jyoti of age of 19 years and Meena of the age of 14 years. The accused persons also abused the complainant and his daughters in filthy language and due to fear of the accused the complainant, his wife and his daughters were dejected. The consequence was that both the daughters left the home by the rear door and went into the field at some distance and jumped into the well and did commit suicide. The complainant and his wife did not come out of the house due to fear. The accused persons were standing in the court yard for about 10 to 15 minutes and thereafter they left.