Criminal Revision Application No. 17 of 2016. Case: Santosh Kudtarkar Vs State and Ors.. High Court of Bombay (India)

Case NumberCriminal Revision Application No. 17 of 2016
CounselFor Appellant: Arun Bras De Sa, Advocate and For Respondents: S.R. Rivankar, Public Prosecutor
JudgesC. V. Bhadang, J.
IssueCode of Criminal Procedure, 1973 (CrPC) - Sections 221, 222, 322; Indian Penal Code 1860, (IPC) - Sections 201, 302, 306, 323, 324, 34
Judgement DateApril 25, 2016
CourtHigh Court of Bombay (India)


C. V. Bhadang, J.

  1. This Revision Application at the instance of the original Accused No. 6, takes exception to the Order dated 09.02.2016, passed by the learned Addl. Sessions Judge, at Mapusa in Session Case No. 13 of 2015. By the impugned order, the learned Sessions Judge has directed framing of charge against the Accused under Section 306 read with Section 34 of IPC and alternatively under Section 302 read with Section 34 of IPC.

  2. The brief facts necessary for the disposal of the Revision Application may be stated thus:

    That, Ankita Kudtarkar, is the daughter of the cousin brother of the Petitioner. Ankita and now deceased Pranay Padloskar, were in a relationship since about seven years prior to death of Pranay. There were disputes and differences between the families of Ankita and Pranay on account of the affair/relationship between them which were said to be patched up at Valpoi Police Station where the parties had landed on account of filing of complaint and counter complaints.

  3. On 06.03.2014, at about 07.00 hours, Pranay attended his classes at ITI Bicholim, where he was pursuing his course in Civil Draughtsman stream. Pranay did not attend the post lunch classes and returned back home, met his mother, kept his belongings and left the residence without informing anyone as to where he was going. On 07.03.2014, at 10.30 hours, a police complaint was made with PS Valpoi about Pranay having gone missing.

  4. On 08.03.2014, at about 07.00 hours, a Villager noticed the dead body of Pranay floating in the river which was informed to the family members of Pranay. The body was fished out after which Nago @ Uttam Padloskar, who is the father of Pranay, lodged an FIR against all the male members of family of Ankita including the Petitioner herein, alleging that the Petitioner and other co-accused in furtherance of their common intention, had caused the death of Pranay and disposed of his dead body in the river in order to destroy evidence. On the basis of the said complaint, an FIR No. 15/16 was registered at PS Valpoi against the Petitioner and six others under Sections 323, 324, 302, 201 read with Section 34 of IPC.

  5. The Petitioner came to be arrested on 08.03.2014 and was subsequently released on bail. Upon the completion of investigation, a chargesheet was filed against the Petitioner and the other co-accused alleging commission of offence punishable under Section 306 read with Section 34 of IPC which is registered as...

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