BHAGCHAND KHEMCHAND VERMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is the father of deceased Rambha @ Ram, who on 9.10. 1996 sustained a bullet injury in a police firing and in consequence succumbed to the injury.

(2.) THE incident of police firing in Gunj Bazar area of Ahmednagar town took place on 9.10. 1996 at about 10.45 p. m. when unruly mob was involved in violent acts. One Khandagale, attached to Kotwali Police Station, Ahmednagar as an Assistant Police Inspector, it is said, in his defence from being sandwitched by un-ruly mob had fired rounds from 9 m. m. pistol. Injury was caused in stomach of deceased Ram, resulting into his death subsequently.

(3.) IT is further revealed that when Mohan was proceeding towards Kotwali Police Station followed by one Satish - a Municipal councillor and another Santosh, to prevent him from approaching the police. Negotiations for settlement were in progress. At that time Ramgopal Khandelwal gave two slaps to Raju Harba. Within a short time thereafter, it is alleged that deceased came along with his 20-25 followers armed with sticks, ironbars, swords and stones and started pelting stones from Teena Galli area marching towards Khandelwal. Assistant Police Inspector Khandagale tried to block their entry. In the process, some members from the unruly mob caught hold of said Khandagale and torn out his police uniform. He was also grounded and beaten. The mob also tried to snatch pistol from person of Khandagale. In order to bring the situation under control, by giving warning said Khandagale fired bullet from his service pistol and thus injuries were caused to deceased and another.