SHRIKANT Y BHAGWAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Writ Petition is filed by the Petitioners/ Original Accused, being aggrieved by the Order dated 9th February,1993 passed by the 7th Additional Sessions Judge, Pune, dismissing the application made by the accused for discharge, and proceeding to frame charge against them under Section 306 read with Section 34 and Section 323 read with Section 34 of the Indian Penal Code.

(2.) TO appreciate the gravity of the offence levelled against the present Petitioners/accused, few facts are required to be narrated, which are as follows: The case of the Petitioners, who are husband and wife, is that Petitioner No. 1 Shrikant Y. Bhagwat is the Proprietor of a hall known as "bhagwat Hall" situated at 176, Parvati,pune. Petitioner No. 2 Suvarna Shrikant Bhagwat is the wife of Petitioner No. 1. The hall is let out for marriage and other purposes. The Petitioner No. 1 appointed one Bramhanand Dandekar as a Cook in the marriage hall on Contract basis. According to the Petitioners the said Bramhanand Dandekar was given to a bad habit of drinking alcohol. As a result of which his family used to suffer. It is the case of the Petitioners that it was agreed that some amount payable to the said Bramhanand Dandekar would be retained by the Petitioners and it would be given to the family of Bramhanand Dandekar, as and when required. As per this arrangement, the Petitioners had retained certain amount, which was in fact payable by them to the said Cook Bramhanand Dandekar.

(3.) THE learned 7th Additional Sessions Judge, Pune, by his order dated 9th February, 1993, after perusing the say of the prosecution and the material available on record and after hearing both the sides, rejected the said application of the accused for discharge and in fact framed the charge against them on the very same day.