MANABAI KASHIRAO TONDLE Vs. JAGANNATH GANPAT GIRHE

JUDGEMENT

(1.) Heard Learned Counsel Shri Rahul Dhande for the applicant, learned Counsel Shri A.S. Mardikar for nonapplicant Nos.1 and 2 and learned Additional Public Prosecutor Shri N.R. Rode for nonapplicant No.3.

(2.) Nonapplicant Nos.1 And 2 Were Facing Trial Before The Learned Ad hoc Additional Sessions Judge, Akola for the offences punishable under Sections 302, 304, 324, 325, 364, 365 read with Section 109 and Sections 448, 294 and 201 read with Section 34 of the Indian Penal Code. Both the nonapplicant Nos.1 and 2 were working as Police Constables attached to Akot Police Station, District Akola at the time of the alleged incident. They had allegedly committed murder of deceased Bhagwan Tondle. It is alleged that deceased Bhagwan Tondle was in police custody on 26101989 and that nonapplicant Nos.1 and 2 had assaulted the deceased. He sustained severe injuries at the hands of nonapplicant Nos.1 and 2 and had succumbed to the injuries. It appears from the record and proceedings that there was a private complaint as well as a chargesheet and both the cases were amalgamated and the case had been committed to the Court of Session.

(3.) The Application Under Section 227 Of The Criminal Procedure Code was made for discharge on the ground that the alleged incident had occurred in the month of October 1989, complaint case was filed on 2121994 and chargesheet was filed on 451993. In brief, it can be stated here that the protection was sought by nonapplicant Nos.1 and 2 of the provisions of Section 161 of the Bombay Police Act. Before I proceed further, it will be convenient to reproduce the said section here, which runs as under :