JAIRAJ Vs. STATE

JUDGEMENT

(1.) THIS petition is filed seeking bail in Crime No. 38/2013 of Chintaki Police Station registered on 04.04.2013 for offences under Section 302 and 120B of IPC.

(2.) THE complaint is filed by one Smt.Renuka who is the wife of the deceased Prakash. It is the case of the prosecution that the deceased Prakash was carrying on social work. One Swami Das who is accused No. 1 was carrying the Gram Panchayat work and during the execution of the said work instead of using man power he was using the machines and completing the works, thus deprived people of their livelihood. In this connection there was misunderstanding between the deceased Prakash and Swami Das. It is the case of the prosecution that on '03.04.2013 at about 4:00 p.m. the deceased had gone to the market place at Wadegaon and while he was returning about 6:00 p.m., he had carried the petitioner Jairaj on his motorcycle. One Shalivan -CW. 13 had seen the petitioner along with the deceased in the motorcycle and when Shalivan asked the deceased to stop the motorcycle, Jairaj the petitioner herein instructed deceased not to stop the vehicle and go ahead. It is also stated that one Simon who is accused No. 3 was also following the motorcycle driven by the deceased Prakash in an auto rickshaw. It is further stated that about 1 km from Wadegaon dead body of the deceased had fallen with the injuries on the stomach near the kidney which was caused by a sharp edged weapon. The wife of the deceased namely the complainant was informed about this and thereafter she went to the spot and found her husband with bleeding injuries. He was shifted to the hospital and the doctor pronounced him dead.

(3.) SRI S.S. Aspalli, learned HCGP on the other hand submits that CW.13 -Shalivan was following the deceased and the petitioner in his auto rickshaw in or about the same time when the alleged incident had happened. Even when CW. 13 -Shalivan requested the deceased to stop the vehicle, petitioner did not allow him to stop the vehicle and they went fast. About 1 k.m. from Wadegaon the deceased was found with bleeding injuries on the same day. Hence, in all probabilities it is the petitioner who has caused the murder of the deceased by stabbing him with knife. It is also submitted by him that CW. 12 has also given a statement that she has seen the deceased with the petitioner at or about time of incident driving together. He also submits that CWs. 8 and 9 are the panchas who are witnesses to recovery of jambya at the instance of the petitioner and the said jambya had been subjected to Forensic Science Laboratory examination. Under these circumstances, he submits that there is strong case against petitioner for having committed murder of the deceased. Hence, bail application may be rejected.