ASHOK MOTUMAL METHWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ON 23-1-96 at about 5.45 PM Smt. Kamala Kisan Surag was working in her house and at that time the petitioners herein are alleged to have come to her house. One of them stood outside the house, while other three entered. Some amount of chit fund transaction to the tune of Rs.40,000/- was due from Kamala to these persons; each was to get Rs. 10,000/-. They asked Kamala as to when she was going to pay and she has been assuring every day about payment but is not paying. Thereupon one of the three persons is alleged to have poured liquid on her persons and alleged to have set fire with a match stick to her person. Thereupon these persons ran away. Kamala raised hue and cry and because of this neighbours collected. She was removed to the hospital and there her First Information came to be recorded in which she specifically stated the names of petitioners No.1,2 and 4 and the fourth one was described as unknown persons. Kamala subsequently died. The offence was registered as C.R. No. I-16 of 1996 at Ulhasnagar Police Station initially for the offence under Sections 307 and 454 read with Section 34 IPC and on death of Kamala Section 307 was converted into Section 302 IPC.

(2.) THE petitioners had applied for grant of bail to the Additional Sessions Judge, Thane, Kalyan, who rejected the same on 13-2-1995.

(3.) MR . Thakur, learned APP for the State has opposed this application.