LAWS(BOM)-2008-7-174

RANJANABAI Vs. STATE OF MAHARASHTRA

Decided On July 24, 2008
RANJANABAI KISANSING DUMALE Appellant
V/S
JIVAN UTTAMSING DONBHALE Respondents

JUDGEMENT

(1.) These are applications for cancellation of bail granted in favour of accused persons, who are respondent Nos. 2 to 5 in the application filed by informant and are respondent Nos. 1 to 4 in the application filed by the State.

(2.) Applicant Smt. Ranjanabai is the widow of deceased Kisansing. She lodged FIR alleging that accused Kanwarsing used to threaten her family members for the reason that he suspected that her husband and other members of the family did not tender their votes to his wife who was a candidate for Zilla Parishad/Panchayat Samiti Elections of March, 2007. He used to give threats that he would see each of them and they will have to pay the price for defeat of his wife.

(3.) The incident giving rise tot he prosecution occurred in the evening of 31st July, 2005. Allegedly, informant and her husband went to the residential house and met their relatives. There was an annual fair (yatra) in the village and, therefore, they went to pay obeisance to the Goddess. After the 'darshan', while they were returning, at about 7.30 p.m., accused Kanwarsing met them on the way. He took her husband Kisansing with him for attending a programme of 'kanduri' (dinner). The informant returned home which is away from the locality of the village. Her husband did not return home till about 9 p.m. and, therefore, his brother Premsing went to village Sawargaon to locate her husband. They received a telephonic call of some unknown person to the effect that Kisansing was being beaten up by accused Kanwarsing, Sachin, Sanjay and Jeevan in the residential house of accused Kanwarsing. So, her brother-in-law Premsing immediately went to the village and after half an hour, he returned to home.