- (1.)This criminal application has been filed by Complainant Pandit Rama Mhatre in a crime registered at Hill-line Police Station as Cr. No. 6/1980 against the 45 respondents for having allegedly committed offences under Sections 302, 307, 148, 149, 324, 325 and 427 of the I.P.C. and S. 25(1) of the Indian Arms Act on 15-1-1980. The Complainant seeks to set aside the order made by the Addl. Sessions Judge, Thane allowing the application of the respondents for bail.
(2.)The complainant and the respondents 1 to 45 come from village Vasargaon, Taluka Kalyan, in District Thane. It is alleged in this application that the complainant-petitioner was the President of the Janta Party of the village Unit at the material time whereas the respondent No. 1 was the Sarpunch of the village. He had contested the election for Zilla Parishad membership on Indira Congress Ticket and was elected. One Pandurang Ganpat Patil, a resident of village Manur had contested the election as Janta Party candidate, as against Respondent No. 1. The petitioner and his party members had voted for him, Respondents No. 1, was therefore having grudge against the petitioner and his party members and since after the election of Zilla Parishad, quarrels and disputed were going on between these parties. It appears that both the factions belong to Agri community. It is alleged in the application that in order to put an end to disputes some leaders of the Agri community had intervened and tried to settle the disputes; however, the respondents were not interested in the disputes being settled. The petitioner alleges in this application that the respondent No. 1 and others threw stones at his house and also on the house of his partymen on 13-1-1980 and 14-1-1980.
(3.)It is alleged that on 15-1-1980, at about 8.30 a.m. throwing of stones started towards the house of the petitioner. At that time the petitioner noticed that all the respondents and his party men, about 70 to 75 in number, marched towards the house of the petitioner when two police constables who were kept on the guard duty came in front of the house of the petitioner. The petitioner told these police constables that they should persuade the respondents to go away without indulging in any further assault. The police constables on their part tried to persuade the respondents to go away, but in spite of this they indulged in stone throwing. Respondent No. 1, Dattatraya fired a gun shot from his gun which he was carrying at that time. As a result of this gun shot complainant's brother Shankar Mhatre received the injuries. Finding this the Police constables on duty and two persons belonging to the party of the petitioner-applicant went to the Hill-Line Police Station to report the incident. In spite of this the stone throwing at the house of the petitioner was continued and it continued for an hour and half. In the meantime, the Police Sub-Inspector Sayyad and his police party attached to the Hill-Line Police Station arrived at the scene. Seeing that the police party had arrived, complainant's brother Kashinath, along with some partymen, started going to the P.S.I. Sayyed. At that time respondent No. 19 Balaram Vayale fired a gun short towards Kashinath, the brother of the petitioner. He fired about 2-3 shots. As a result of this firing of gun P.S.I. Sayyed and some other persons of petitioner's party received gun shot injuries. In the stone throwing towards the house of the petitioner the tiles of the house of the petitioner and others were broken. The petitioner received injuries due to the said stone throwing.