SURESH SHRIRAM GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present application, the petitioner is challenging the order dated 30-11-2004 below application at Exh. 14 in Sessions case No. 153 of 2004 framing charge against him for the offence punishable under Section 302 read with Section 109 of the Indian Penal Code.

(2.) The first information report in crime No. 13 of 2004 was lodged on the basis of complaint of Sahebrao Dattu Mahajan for offences punishable under Sections 304-B, 302, 498-A and 34 of the Indian Penal Code for the murder of his niece Suvarna. In the investigation the statement of the present petitioner came to be recorded under Section 164 of the Code of criminal Procedure on 19-3-2004 by the learned judicial Magistrate, First Class, Raver.

(3.) The petitioner was working as an employee with accused Nos. 1,3 and 5. The first information report came to be registered on the basis of complaint of uncle of Suvarna that she was ill-treated on account of non-fulfillment of demand of dowry. It is the allegation of the prosecution that on the date of incident i. e. on 11-3-2004 at about 12 to 12. 15 p. m. in the field of Laxman Lahanu Choudhari, the accused pramod alongwith his wife Suvarna and small daughter aged 8 to 9 months reached there on motory cycle. Accused Pramod inquired about vishnu from the petitioner. The petitioner replied that Vishnu had gone to another well. Accused Pramod went on motor cycle and brought Vishnu near the well where the petitioner was sitting. It is alleged that the victim suvarna had handed over the daughter to the petitioner and sat below a Badam tree. Accused pramod and Vishnu lifted Suvarna and threw her in the well. On hearing sound of something falling in the well, the petitioner asked as to what had happened. The petitioner was threatened by the accused not to tell anything to anyone. On coming to know that the body of deceased was found in the well the complaint was lodged that the accused i. e. the husband, in-laws and brother-in-laws of Suvarna had committed murder and that the present petitioner had assisted them. The first information report was registered on 12-3-2004. The statement of the petitioner was recorded under Section 164 of the code of Criminal Procedure by the learned judicial Magistrate, First Class, on 19-3-2004. It can be seen from the said statement that the present petitioner has supported the prosecution case.