JUDGEMENT
Sadhana S. Jadhav, J. -
(1.)HEARD Adv. Mr. S.S. Gangakhedkar for the petitioner, and learned APP Mr. S.D. Kaldate for the respondent -State.
(2.)RULE . Rule made returnable forthwith. By consent, heard finally.
The petitioner herein assails the correctness and validity of the order passed by the Additional Sessions Judge, Aurangabad, dated 9 -1 -2015, thereby rejecting the application filed by the present petitioner, seeking discharge in Sessions Case No. 410/2010.
(3.)SUCH of the facts necessary for deciding the present Writ Petition are as follows :
On 15 -8 -2008, one Pravin s/o. Sudhirrao Pataskar lodged a report at Chawani Police Station, Aurangabad, alleging therein that his elder brother, namely, Pramod s/o. Sudhirrao Pataskar, was residing at Aurangabad along with his wife Manisha and their children. That, he was working as a painter. That, Pramod was married to Manisha, 10 years ago. The maternal house of Manisha was at Ahmednagar. The couple was residing in rental premises. That, two brothers of Manisha, namely, Vinayak and Ganesh, sons of Ramnath Jadhav, had assaulted Pramod on the ground that he was not working and hence, had no source of income. It is alleged in the FIR, that on 8th August 2008, Pramod had been to Aurangabad and had informed the first informant and his mother, that Vinayak and Ganesh were annoyed with him as he was not bringing home, the money earned by him and, therefore, it was difficult for Manisha to run the family. On 12th August 2008, Pramod had left the house, to return to Ahmednagar. However, on 13th August 2008, he returned home and borrowed Rs. 100/ -from his mother. He left his bag in the house of his mother, to return to Ahmednagar. On 14th August 2008, at about 9.30 p.m., Pramod had committed suicide by jumping before a railway. Two chits were found in the pocket of Pramod, wherein it was stated that being fed up with the harassment meted out to him, at the hands of Vinayak Jadhav, Ganesh Jadhav, and the maternal uncle of Manisha, namely, Shashikant Pawar, Pramod had committed suicide. The present petitioner herein is the maternal uncle of Manisha. On the basis of the said FIR, Crime No. I -206/2008 was registered at Chawani Police Station, Aurangabad, against the present petitioner and two others, for offence punishable under Section 306 read with Section 34 of the Indian Penal Code.
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