Nagpur :- Justice Urmila Phalke Joshi has granted regular bail to accused Ashok Ganpat Chaudhari R/o Ashti Dist Wardha on regular bail. Mala Subhash Chaudhari had lodged report against Ashok Ganpat Chaudhari, his wife Laxmibai Chaudhari and son Gaurav Chaudhari for commission of murder of Subhash Chaudhari who was elder brother of Ashok Chaudhari.
Ashok Ganpat Chaudhari, his wife Laxmibai Chaudhari and son Gaurav Chaudhari came to be arrested on 29/10/2021 by Ashti police in connection with the alleged offence u/s 326, 504, 506, 34 of l.P.C. in Crime No.206/2021. However, as the victim Subhash Chaudhari died after 5 days of incident and therefore police invoked section 302 of I.P.C.
It is the allegations of prosecution that on 28/10/2021 at about 9.30 p.m. in the night at Botona Tah. Ashti, Distt. Wardha, Ashok Ganpat Chaudhari, his wife Laxmibai Chaudhari and son Gaurav Chaudhari picked up a quarrel with Subhash Ganpat Chaudhari, assaulted him and hit on his both legs with German Bottom and sticks thereby causing severe injuries to his both legs, bacjk and chest resulting in fracture both legs, fractured ribs and other injuries. It is further alleged that as there was no conveyance available in the night to take the victim to Rural Hospital Ashti, the victim was lying on the road all over night and next day, the victim was taken to Rural Hospital Ashti. Thereafter Wife of deceased Subhash viz. Mala Subhash Chaudhari lodged a report at Police Station Ashti. On such allegations, the offence u/s 326, 504, 506, 34 of I.P.C. vide Crime No. 206/2021 came to be registered and the Gaurav Chaudhari along with his father Subhash and mother Laxmi Chaudhari were arrested by Ashti police.
It was submitted that the victim was referred to Government Medical College Nagpur where he died on 4/11/2021 during the period of his medical treatment. Hence, the police have added sec. 302 of I.P.C. After completion of investigation, chargesheet came to be filed.
It was submitted that, on 29-10-2021, FIR under sec 324, 504, 506 of IPC was registered against Subhash Chaudhari on the complaint of Laxmibai Chaudhari alleging that, she was assaulted by wooden rafter by Subhash Chaudhari in which she and co-accused Ashok had sustained injury.
It was submitted that, when the deceased was taken to Rural Hospital, there were only two injuries found on his person, whereas in the Post-Mortem report, there is mention of 19 injuries in Column No.17. Out of those l9 injuries, there are six injuries due to surgical intervention, which even if ignored, there is prima-facie discrepancy in the injury report and injuries shown in the Post-Mortem Report.
It was submitted that, the allegations do not show that the assault was premeditated. More so, from the statement of witnesses can be seen that in a spur of anger, the alleged incident appears to have taken place and there was no intention to commit the alleged offence.
It was submitted that, as per own statement of complainant, the victim lying on the road all over night as there was no conveyance available in the village to take her husband to the Hospital. Such statement of complainant about non-availability of conveyance prima-facie appears to be false.
Adv Mir Nagman Ali appeared for Ashok Chaudhari.
