KALYAN UKANDRAO KELKAR Vs. LAXMAN MALHARI SABALE

JUDGEMENT

(1.) -IN both these petitions, the original accused have challenged the order of issue of process passed by J. M. F. C. , Khalapur on 4-5-1990 under section 307 and 120-B read with 34 of the I. P. C. in complaint case filed by respondent No. 1 Shri Laxman Malhari Sabale.

(2.) THE petitioner Kalyan Kelkar in Cr. W. P. No. 1291/90 was the Chief Officer of the Khopoli Municipal Council at the relevant time and the petitioners 1 to 5 from Cr. W. P. No. 791/90 were also the employee of the Khopoli Municipal Council (K. M. C. ). The petitioner No. 6 from Cr. W. P. No. 791/90 was an officer working with the Indian Organic Chemical Co. Ltd. Khopoli, and was the Councillor of the K. M. C. at the relevant time.

(3.) THE incident which was the basis of the complaint case of Laxman Sabale was dt. 6-1-89. There are two versions regarding this incident, one as narrated by Laxman Sabale and the other narrated by the petitioner Kalyan Kelkar in his F. I. R. lodged with the Khopoli Police Station. On this F. I. R. lodged by the Kalyan Kelkar, Laxman Sable and others were charge-sheeted by the Khopoli Police for the offence of murder of one Yeshwant Patil. As per the development that took place subsequent to the filing of these petitions Laxman Sabale and the others were tried by the learned Sessions Judge, Raigad, Alibaug in Sessions Case No. 100/90 and as per the judgment delivered on 6th February, 1997, Laxman Sabale was convicted for the offence u/s. 304 Part I and was sentenced to suffer R. I. for 10 years etc.