KISAN BHAURAO DONGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed initially for quashment of First Information Report vide Crime No.493/2023 dtd. 30/11/2023 registered with Police Station, Tuljapur, Tq. Tuljapur, Dist. Dharashiv and later on by way of amendment for quashing proceedings in charge sheet No.187/2024 dtd. 16/11/2024 i.e. Sessions Case No.8/2025 pending before learned Additional Sessions Judge, Osmanabad, for the offence punishable under Sec. 306 read with Sec. 34 of the Indian Penal Code, 1860.

(2.) Heard learned Advocate Mr. J.D. Mane for applicants, learned APP Mr. V.K. Kotecha for respondent No.1 and learned Advocate Mr. B.I. Mahajan for respondent No.2.

(3.) Learned Advocate appearing for applicants has taken us through contents of First Information Report and charge sheet. Informant is the son of deceased Satish. Satish and applicant No.1 were employed in Maharashtra State Road Transport Corporation. They both had purchased two acres of land in 1989. Said land was situated on Naldurg road, Tuljapur. Later on layout of the said land was got sanctioned and land was divided into 26 plots. As Satish was employed as S.T. Bus Conductor, he used to travel a lot and, therefore, applicant No.1 was looking after the transactions in respect of plots. He was not giving the amount which used to be in the share of Satish at one time, but used to give it in part. It is stated that applicant No.1 used to take disadvantage of the situation that Satish used to be outside and, therefore, deceased Satish used to be unhappy with applicant No.1. 25 plots out of 26 were sold and only one plot was remaining. Satish was insisting that remaining plot should also be sold out, as he was in need of money for his medicines and treatment. But applicant Nos.2 and 3, who are sons of applicant No.1, all of them were insisting that Satish as well as informant should give a statement in writing that all the plots have been sold with consent of Satish. Informant alleges that for that purpose Satish was harassed by applicants. Informant has given account of some incidents, wherein applicant No.2 had given him threat. When the informant told him that his father should not be harassed, then the deceased had expressed before the informant that because of the harassment his living has become impossible. Applicant No.1 had given a phone call around 6.00 p.m. when informant was proceeding from Tuljapur to Pune on 24/11/2023 stating that he should sign on the consent letter, otherwise applicant No.1 would not sell the plot. However, on 25/11/2023 informant's cousin brother informed that Satish has been admitted to Vithai Hospital, Tuljapur under unconscious state as he has consumed excess sleeping pills. He never regained his unconsciousness but died around 3.00 p.m. on 29/11/2023.