SANTOSH BHIMRAO RANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard counsel for the parties. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

(2.) This is an application under section 482 of Criminal Procedure Code. Facts leading to the filing of the present application may be stated thus. The applicant and the respondent no. 2 are accused no. 1 and 2 respectively, facing trial for the offences punishable under sections 302, 307 read with section 34 of I. P. C. arising punishable under sections 302, 307 read with section 34 of I. P. C. arising out of crime no. 327 of 2004 of Police station Daryapur, District: Amravati in Sessions trial No. 58/2005 pending before the 2nd Ad-hoc Additional Sessions Judge, Amravati.

(3.) Prosecution case is that on the night between 8th October and 9th October, 2004, the applicant (accused no. 1) and Rahul -respondent no. 2 (accused no. 2) had gone to the house of one Madhukar Pathare (deceased) and stayed there. It is alleged that at about 2. 00 a. m. Madhukar and his wife Priti were assaulted by deadly weapons. In the attack Madhukar died and his wife Priti was injured. It is alleged that when the neighbourers had come, it was told that the dacoits had attacked. The offence was registered on the report of the brother of madhukar. It was initially registered against the unknown persons, however, later on the offence came to be registered against these accused alleging that both the accused had assaulted the said Madhukar and his wife - Priti by deadly weapon and in the said incident Madhukar had died.