MANOHAR NARAYANRAO PRANJALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Manohar, learned Counsel for the applicant, and Shri Dhote, learned Additional Public Prosecutor for the respondent.

(2.) THE present application under section 482 of Code of Criminal Procedure is directed against the order dated 5-3-1998 passed by the Assistant Sessions Judge, Chandrapur below Exhibit 8 in Special Case No. 27/1993 whereby application moved by the applicant under section 227 of Code of Criminal Procedure for discharge from the offences punishable under sections 376 and 306 read with section 34 of the Indian Penal Code and section 3 (1) (x) and (xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act came to be rejected.

(3.) SHRI Manohar, learned Counsel for the applicant, submits that applicant is Chief Editor of a weekly known as Samachar Vrajarsheel and also a General Manager of the theatres at Bhadravati and Ghugus. The applicant owns agricultural lands at Manora where the resides. One Kum. Archana Atram, who was neighbour of the applicant, committed suicide by consuming poison on 6-11-1991. At the relevant time, she was pregnant. It is contended that Sarlabai, mother of Archana, lodged a report with the Police Station, Bhadravati in which she has stated that she resides at village Manora with her daughter Archana, another daughter Madhuri and son Nitin since last many years. On the day of incident, in the afternoon she had gone to the market at Bhadravati and when she returned back, she found that the door of her house was locked. So she climbed the house and after removing the roof tiles, she entered the house and found that her daughter Archana was lying dead. It is contended that in the said report lodged by Sarlabai on 6-11-1991 about the incident in question there is not even a whisper about complicity of the applicant. Sarlabai in the said report has not made any allegation against the applicant.