MITHUN Vs. STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

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

(2.) The petitioner Mithun Mohan Barse resident of Bhusawal, District Jalgaon preferred the present writ petition by invoking remedy under Article 226 of the Constitution of India and Section 482 of the Criminal Procedure Code with following prayer:

(3.) The genesis of the petition culled-out in brief is that, the first informant Mithan Mohan Barse i.e. present petitioner filed the FIR on 03-07-2015 to the Police of Bhusawal Police Station and cast the allegations that on 03-07-2015 in the morning at about 8.30 to 9.30 p.m. he accompanied with his father Mohan had been to Sant Tulshiram Market Bhusawal to look after the work of the contract of public toilet allocated on pay and use basis. The first informant Mithun and his father after enjoying the tea started returning to home. However, the assailant Anil Chabildas Chaudhary arrived on his motorbike. He reprimanded the father Mohan by putting the revolver on his head and gave threat to eliminate him. Thereafter, assailant Anil Chaudhary took out the weapon knife and dealt a blow of weapon at the abdomen of Mohan Barse. Meantime, other assailants Nattu Chawariya, Gopal Shivram Shinde, Bunty Parshuram Pathrode, Vijay Parshuram Pathrode, Jacky Pathrode all came running at the spot of incident. They were armed with weapons sword, iron pipe, chopper etc. They all exhorted to kill father Mohan. In the fight, assailants attacked on the head of Mohan with sword, iron pipe and chopper etc. The assailant Bunty Pathrode and Vijay Pathrode were having revolver in their hands. They were giving threats to the public by flashing the revolver. The assailant also attempted to attack on the first informant -Mithun but he flung the bricks towards assailants. The on-lookers thronged at the spot. Thereafter, assailants made their escape good from the scene of occurrence. The injured Mohan was escorted to the Hospital of Dr. Manavkar but he was declared dead. Eventually, the first informant filed the FIR, pursuant to which, the Police of Busawal Police Station registered the crime No. 128 of 2015 under sections 143, 144, 147, 148, 302 read with section 120-B of the Indian Penal Code (for short "IPC") as well as sections 3, 4 read with section 25 of the Arms Act and set the criminal law in motion. The Investigating Officer (for short "IO") carried out the investigation. He recorded statements of the witnesses acquainted with the facts of the case. The assailants, namely, Nattu Chawariya, Gopal Shinde and Jacky Pathrode were apprehended in this crime for the sake of investigation. The weapons were recovered from their custody under section 27 of the Evidence Act. After completion of investigation, IO preferred the charge sheet against three accused/assailants, namely, Nattu Chawariya, Gopal Shivram Shinde and Jagdish alias Jacky Indal Pathrode.