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2012 Supreme(Bom) 1990

P.V.HARDAS, A.P.BHANGALE
Girish son of Sanjay Bole – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant:S.S. Dhengale, Advocate.
For the Respondent: T.A. Mirza, Additional Public Prosecutor.

Judgment

A.P. Bhangale, J.

1. The applicant prayed for to quash and set aside FIR bearing no 44 of 2012 dated 16-03-2012 registered under Section 306 read with Section 34 of the Indian Penal Code at Mangrulpir Police station, District Washim against the applicant,Chaitanya Neval, Manoj Janjal,and Swapnil Tayade.

2. The case against the applicant is that a girl Miss Ekta Ajabrao Pradhan aged about 18 years resident of Shahapur Taluka Taluka Mangarulpir decided to commit suicide at her residence by pouring kerosene on her body and setting herself ablaze on 29-02-2012 at about 10.00 p.m. While she was receiving medical treatment at Sarvopchar Rugnalaya at Akola, her dying declaration was recorded by Executive Magistrate, Akola at about 7.30 a.m. after obtaining endorsement from the doctor attending the patient Ekta, about her fitness and consciousness to give statement in the nature of dying declaration. Ekta made a statement on oath that she had poured kerosene on her body and burnt herself due to the one-sided love by Chaitanya Newal while she did not love him. He used to harass her as he was exerting pressure upon her to love him. She had informed about this to her family members. F














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