PANDURANG TUKARAM GHUDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel for the applicants and learned APP for the State. The applicants are arrested in connection with an offence which was registered with Murbad Police Station for the offence punishable under Sections 302, 201 read with Section 34 of the IPC vide C.R.No.I-203/2005.

(2.) THE prosecution case is that deceased Ganesh was an orphan and was mentally retarded and was residing with the applicants as a member of the family and was allowed to work and sleep in their hotel. He died on 15th July, 2005. Thereafter, he was buried in the field and the funeral was attended by 50-60 villagers. A complaint, however, was lodged with the police after seven days that deceased Ganesh had died under the suspicious circumstances. The police, therefore, exhumed the body and post mortem was performed. The Doctor reserved his opinion regarding the cause of death. However, he stated that the possibility of unnatural death was not ruled out. The matter was investigated by the police for about 4-5 months and the statements of various villagers were recorded.

(3.) LEARNED APP, on the other hand, invited my attention to the papers of investigation which indicated that an in-camera statement of one witness is recorded who had stated that he had seen the applicants assault the deceased and he was strangulated and then his body was buried in the field. She submitted that other two witnesses had also given an in-camera statements who had revealed that the applicants used to assault the deceased very often. She submitted that these witnesses are not willing to come forward as the applicants have a political clout in the village. She further submitted that applicant no.3 had criminal antecedents and he was involved in an offence which was punishable under Section 354 of the IPC.