SMITA PANSARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioners i.e. the daughter and daughter-in-law of late Comrade Govindrao P. Pansare have invoked jurisdiction of this Court under Article 226 of the Constitution of India, for a Writ of Mandamus or any other Writ, Order or direction in the nature of mandamus, directing the Respondent No.1 for appointing an independent Special Investigation Team (SIT) led by the Additional Director General of Police and comprising of Officers of the ranks of Inspector General of Police and other Senior Officers of impeccable credentials to conduct an investigation into the conspiracy and gruesome murder of Shri. Govind Pansare, and to take all necessary consequential steps, actions pertaining thereto and provide them necessary facilities and support and to monitor the investigation to be carried out by the SIT sought to be constituted through the present Petition till the investigation is reached to its logical conclusion.

(2.) Heard Mr. Grover, learned senior counsel for the Petitioners. Mr. Mundargi, learned senior counsel, Spl. P.P. for the State and Mr. Jha, learned counsel for the accused Mr. Tawade. Perused entire record and the Notes of Arguments tendered across the bar by the Advocate for the Petitioners.

(3.) Record indicates that, Shri. Govind P. Pansare and his wife Smt. Uma G. Pansare were shot at by two unknown assailants riding on a motor-cycle, on a public road near the house of Shri. Pansare, at about 9.15 a.m. on 16/2/2015. Initially a crime bearing No.39 of 2015 under Ss. 307 r/w 34 of the Indian Penal Code and under Sec. 3(25) of the Arms Act was registered with Rajarampuri Police Station, Kolhapur at the instance of Shri. Mukund D. Kadam. Injured Mr. Govindrao Pansare succumbed to injuries on 20/2/2015 while undergoing treatment at Breach Candy Hospital, Mumbai and therefore Sec. 302 of the IPC is added to the crime.