Justice PV Ganediwala has granted bail to accused Akash Ashok Wankhede who was accused of murdering Balu Umale.
Akash Wankhede was arrested as P.S.O of P.S. Patur registered an offence punishable under section 302, 304, 307, 143, 146, 149, 324, 323, 504, 506 of IPC on the complaint of one Manda Telgote.
The prosecution case in brief is that, on 25-05-2020, complainant Manda Telgote and accused Jaya Sarkate and Bhagyashree Sarkate were filling water from a public tap. That, when Jaya Sarkate, Bhagyashree Sarkate and Nisha Wankhede were filling water, Manda asked them to allow to fill the water. That, on that count quarrel had taken place in between complainant, Jaya Sarkate, Bhagyashree Sarkate and Nisha Wankhede. It is alleged that, Akash
Sarkate came and assaulted Vijaymala Mohale by means of utensil.
It alleged that, Jaya and Bhagyashree assaulted Vijaymala hands and fist blows. It is alleged that, at that time Akash Wankhede, Rupesh Sarkate and Jyoti Sarkate came armed with sticks and Rupesh assaulted Balu Mohale (deceased) on his head by stick and thereafter it is alleged that, Akash Wankhede and Jyoti also assaulted him by means of stick.
Akash Wankhede was arrested on 28/05/2020.
It was submitted that, perusal of entire charge sheet shows that, there is no allegations that, alleged incidence was pre palnned murder. The incidence has taken place during he course of quarrel and at the heat of the moment. There is doubt if the case would come within the purview of sec 302 of IPC.
It was also submitted that, on the complaint of Nisha Akash Wankhede offence under sec 326, 143, 147, 147, 148, 5-4, 506 of IPC were registered against complainant and others alleging that, Manda, Balu, Sonu Telgote, Balved Mohale, Devrao Mohale, Vijay Mohale, Neha Mohale and Vijaymala Mohale have assaulted Jaya, Bhagyashree etc.
Adv Mir nagman ali and Adv Ashok Chandane appeared for Akash Wankhede.