Criminal Revn.Appln.No.48/2020

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

CRIMINAL REVISION APPLICATION NO.48 OF 2020

Suresh Trimbakrao Khursale & ors.

…APPLICANTS

VERSUS

The State of Maharashtra & anr.

…RESPONDENTS

.....

Mr. V.D. Sapkal, Senior Advocate, instructed by

Mr. S.R. Sapkal, Advocate for applicants

Mr. S.N. Kendre, A.P.P. for respondent No.1.

Mr. Mukul Kulkarni, Advocate holding for

Mr. D.R. Jethliya, Advocate for respondent No.2.

.....

CORAM:

R.G. AVACHAT, J.

Date of reserving order : 29th June, 2021

Date of pronouncing order : 17th August, 2021

O R D E R :

The challenge in this revision application is to the

order passed by learned Ad-hoc District Judge-2 (Additional

Sessions Judge), Aurangabad on 9/1/2020, rejecting the

application (Exh.16) for discharge of the applicants – accused

from Sessions Case, No.426/2012, instituted for the offence

punishable under Section 306 read with Section 34 of the Indian

Penal Code.

2.

Heard. Perused the impugned order and the police

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papers relied on. The applicants – accused are office bearers of

Yogeshwari Shikshan Prasarak Sanstha, Ambajogai, which runs

Swami Ramanand Teerth Mahavidyalaya (for short the College),

at Ambajogai itself. Deceased Prakash had been serving as a

Junior College Lecturer since 1991. he was nominated as a

Member of Maharashtra State Board of Secondary and Higher

Secondary Education, Aurangabad Region in 2008. Since his

nomination on the Board, he was required to visit Aurangabad for

attending Board meetings and other official work.

3.

The deceased claimed to have had professed

Congress philosophy. Since the date of his nomination on the

Board, the applicants – accused started harassing him mentally

and economically as well. The applicant No.2 has lodged F.I.R.

bearing Crime No.266/2008 against the deceased at City Police

Station, Ambajogai for offence punishable under Sections 420,

465, 471 etc. of the Indian Penal Code. The deceased was also

subjected to a departmental enquiry. He was terminated from

service in October 2009 on account of the charge proved in the

departmental enquiry. The deceased had, therefore, been to

Aurangabad to consult a legal practitioner for further course of

action. The deceased committed suicide by consumption of

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poison on 25/10/2009 at Aurangabad, but not before writing

letters to the then Chief Minister, his wife and his sister. The

father of the deceased then lodged the F.I.R., alleging the

applicants to have had harassed the deceased physically and

economically as well, and driven him to commit suicide.

4.

On investigation of the crime, the applicants –

accused came to be proceeded against by filing the charge sheet.

The application (Exh.16) was moved for discharged. The trial

Court rejected the same.

5.

Learned Senior Advocate appearing for the applicants

would submit that, the deceased would disregard the work

assigned to him. He used to remain absent from duty many a

time. As such, his behaviour increased beyond tolerance. It was

also found that, the deceased was to attend the meeting dated

21/7/2008. He, however, remained absent from that day to

8/8/2008 for the reason of attending Board meetings. He did not

stop at that. He submitted false and fabricated bills, forged letter

of SSC Board in order to show to have attended the meeting

during the said period of 18 days. A preliminary enquiry was,

therefore, held. He was prima facie found to have been involved

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in falsity. A crime was, therefore, registered against him. In a

departmental enquiry, the deceased was found guilty. He,

therefore, came to be terminated from his service on

12/10/2009. The deceased committed suicide 16 days

thereafter, on 28/10/200