STATE OF MAHARASHTRA Vs. NILKANT SHANKAR BHABAL

JUDGEMENT

(1.) THIS Revision Application is filed by the State against the order of discharge passed by the learned Sessions Judge, Greater Bombay in Sessions Case No.335/96 on 13.8.1996 pending before him. Of the five accused before him, two accused Nilkant Shankar Bhabal and Srikant Suryaji Prabhu respectively accused Nos.4 and 5 applied for discharge.

(2.) THE allegation was that part of conspiracy for which offence under Section 120-B I.P.C. has been pressed into service, original accused No.1 has acted at the behest of accused No.5 i.e. respondent No.2 and accused No.4 i.e. respondent No.1 is also a party to the conspiracy.

(3.) THE accused no.5 is also said to had a secret conversation with accused No.1 and for that purpose, statement of the driver of the accused No.5 is relied on. According to the statement, the driver was made to leave the vehicle and was asked to stand at a distance and at that time accused No.5 had secret talks with the original accused No.1. According to the respondent-accused even if it is accepted to have taken place, it is after the incident and not before.