Nagpur– Justice Vinay Joshi was pleased grant regular bail to Mangesh Ananda Kamble. Mangesh Kamble was arrested by P.S.O of P.S. Shirpur has registered an offence punishable under section 302, 120B, 34 of IPC on the complaint of one Triguna Thorat for murder of Santosh Thorat.
The prosecution case in brief is that accused Mangesh Ananda Kamble had given money to the tune of Rs. 90,000/- to accused Dhammapal Dongardive for killing Santosh Thorat, the son of informant Triguna Pralhad Thorat and
hatched conspiracy. Accordingly, on 29/09/ 2018 at 8.00 a.m. accused Dhammapal alongwith his friend Pritesh Santosh Deokate came to the house of informant and took Santosh for labour work. At 7.00 p.m. the informant got the news from the relative on phone call that the body of her son Santosh is lying in well in Waghlud field area and accused Dhammapal and Pritesh had pushed Santosh in the well after beating him on his head.
On the basis of said report offence under sec 302, 120B, 34 of IPCVide Crime No 184/2018 was registered by the Shirpur Police Station, Washim. Mangesh was arrested by Shirpur police in connection with above mentioned crime on 30-09-18.
It was submitted that, case of prosecution is based on statement of Dammapal Dongardive which is given in custody of police and therefore same is inadmissible in evidence as it is hit by sec 25 and
26 of Indian Evidence Act.
It was submitted that, prosecution was relying on the statement of one Gajanan Pattebahadur who alleged that, Accuses Mangesh had given Contract money in his presence to Dammapal for killing Santosh as Santosh was having illicit relations with his wife.
It was submitted that, statement of Gajanan was recorded after 3o days of incidence and therefore much importance cannot be attached to his statement.
Adv Mir Nagman ali appeared for Mangesh Kamble.