Published On : Mon, Aug 3rd, 2020

Persons Accused of attempting to commit murder granted interim protection from arrest by HC

Nagpur: Justice Vinay Joshi has granted interim protection from arrest to Baliram chavan, dhaneshwar chavan, sunita rathod, Shubham chavan, nanda chavan, devka Chavan, Sonu chavan and Savita Jadhav for offence punishable under Sections 326, 307, 143, 147, 144, 149, 504, 506, 34of IPC on 29-05- 2020 registered by PS ghatanji, Yavatmal.

The case of the prosecution is that, on 29-05-2020, complainant Santosh Rathod has lodged the report with PS
Ghatanji that, there was marriage ceremony of his cousin sister at his house.That, at about 5 pm, there was a haldi program at his house. It was alleged that, one Sangit Chavan who has outraged the modesty of daughter of applicant no. 1 was laso present at the program. That, applicant no. 1 had filed FIR against Sangit regarding said incidence.

It is alleged that, Sagita has confronted Sangita as to how he has entered the village and therefore complainant took Sangit to his house. It is alleged that, at 6 pm, when he was present at his house, applicant no. 1 came to his house and gave a blow od wooden stick on the head of Sangit and sangit received head injury. That, Vasanta Chavan is alleged to have pelted stone on Gopichand. That, Vijay Rathod is alleged to have assaulted Gopichand by Slade of fodder.

It was submitted that there was counter FIR registered on the report of Vishal chavan. It was submitted that, fact on 29-05-2020, while Vishal Chavhan was at Arni, he received a call from Savita Chavan that, Sangit Chavan is quarreling with them at their house. Therefore, Vishal Chavhan went to his house only to see that,
Gopichand was assaulting his father Vasanta by stone. Sangit assaulted Vijay rathod on his head by axe and accused persons also injured Vishal Chavan. It is submitted that, Vishal Chavan lodged the report of the said incidence to PS Ghatanji and on his report offence u/s 324, 504, 506, 34 of IPC vide crime no. 317/2020 was registered against Gopichand, Sangit and Chandrakant.

It was submitted that, vasanta and Dhyaneshwar have received injuries at the hands of complainant party on head and stil police have registered offence under sec 324 of IPC against them and even though complainants party has received only simple injury, Respondent has invoked sec 307 of IPC. It was also submitted that, after registrant of aforesaid FIR, Vishal Chavhan, Vasanta Chavan, Vijay Rathod and Sunita Rathodwere arrested and produced before learned JMFC Ghatanji in MCR and there were released on bail on the same day. It is submitted that, initially FIR was only registered under sec 326, 504, 506, 34 of IPC. It is submitted that, after discharge of Gopichand from Hospital, respondent have added sec 307 of IPC.

Adv Mir Nagman ali appeared for applicants.