STATE OF MAHARASHTRA Vs. SUBHASH GANGADHAR PANHALE

JUDGEMENT

(1.) This appeal is filed by the State against acquittal of all the respondents/accused from different offences of the Indian Penal Code viz. under Sections 302, 326, 442, 331, 218 and 193 r.w section 34 of the Indian Penal Code.

(2.) In short this is a case of custodial death of one Arun Pandav at the hands of the accused/respondents and the trial Court acquitted them of all the offences relating to the said custodial death. The accused are all police officers. The main offence against accused Nos.1, 2 and 3 is about causing custodial death of deceased Arun and the offences against other accused are manipulating and fabricating of the record to suppress the truth and to protect the accused Nos. 1, 2 and 3.

(3.) The brief facts giving rise to this prosecution are as under. A minor girl by name Usha d/o Madhukar Gaikwad fell in love of P.W.15 Chandrakant Namdeo Pandav. The parents of Usha were opposing their friendship and relationship. But Usha continued to run after P.W.15 Chandrakant Pandav. They wanted to marry but the caste and minority of Usha were the main obstacles. Efforts were made to persuade Usha to give all the thoughts of marriage and company of Chandrakant. But ultimately Usha and Chandrakant eloped from Kolhapur where they were residing in the neighbourhood. They travelled a lot and settled at Umbrat near Kankavali in Konkan area. Usha's father (PW 14) Madhukar had lodged complaint against Chandrakant and others about this kidnapping etc and therefore accused No.1 who was the officer of police station was entrusted with the job of investigation.