AMIT ANAND NARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner is challenging the Order passed by the 2nd Additional Sessions Judge, Raigad, Alibag whereby he allowed the application which was filed by the co-accused and issued summons to the petitioner under section 319 of the Criminal Procedure Code for his appearance as coaccused in the criminal case which was pending before him.

(2.) Brief facts which are relevant for the purpose of deciding the present Criminal Revision Application are as under:-

(3.) The FIR was lodged on 16/09/1995 by one Ravindra Nair. In the said complaint, it was alleged that on 16/09/1995, the petitioner and two others came there and, at that time, one Anil Pawar questioned the petitioner as to which of the students was teasing the college girls. The prosecution case is that after this question was asked, two accused assaulted Anil Pawar and, as a result of the injury which was sustained in the said assault, the said Anil Pawar died. Charge- sheet was filed against two persons who assaulted the deceased. When the case was committed to the Court of Sessions, an application was filed by the coaccused stating therein that the present petitioner was also equally responsible since he was a co-conspirator and, therefore, he should have been made as a co-accused in the said case. The Additional Sessions Judge, after perusing the statements of witnesses which were recorded by the police, felt that prima facie case was made out against the petitioner and, therefore, issued summons under section 319 of the Criminal Procedure Code.