RAMLAL SON OF VISRAMJI KATRE Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION, KALAMANA, NAGPUR CITY TQ & DISTT NAGPUR
LAWS(BOM)-2017-12-218
HIGH COURT OF BOMBAY
Decided on December 22,2017

Ramlal Son Of Visramji Katre Appellant
VERSUS
State Of Maharashtra, Through Police Station Officer, Police Station, Kalamana, Nagpur City Tq And Distt Nagpur Respondents

JUDGEMENT

A.S. Chandurkar, J. - (1.) Admit. Heard finally with consent of Counsel for the parties.
(2.) The Accused No.1 who is facing Sessions Trial No. 328 of 2015 for the offences punishable under Sections 302, 452, 120-B read with Section 34 of the Indian Penal Code [for short, "the Penal Code"] has filed this Criminal Application under Section 482 of the Code of Criminal Procedure, 1973 [for short, "the Code"] seeking to challenge the order dated 14th July, 2016 passed by learned Judge of the Sessions Court rejecting the application for discharge filed under Section 227 of the Code.
(3.) Facts relevant for adjudicating the present application are that on 4th January, 2011, First Information Report was lodged by one Sushila Soni in which it is stated that on 3rd January, 2011 between 9.30 p.m., and 10.00 p.m., she along with her two sons, Ananta and his younger brother, Pawan, were at home. Ananta was sleeping in one room while the other son was sleeping in the another room. The informant went towards the main gate for putting a lock when two persons with their faces covered asked her whether Ananta was at home. The informant told that he was asleep. At that point of time, one person covered her face with his hand and sought to press her neck. The informant struggled to get herself free and she fell down in that process. One of the two persons entered the house. After some time, both the persons came out of the room of Ananta and ran away. The informant went inside and noticed her son lying injured on the bed. With the help of her younger son and neighbours, said Ananta was sought to be taken for medical treatment. It was, however, found that he had succumbed to the injuries. On this basis, a report came to be lodged.;


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