SAY GAUD KONDAGAUD BHUREWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri V. D. Sapkal, learned A. P. P. for the State, Shri R. R. Mantri, learned Counsel for the first informant and Shri S. C. Chaudhari, learned Counsel for he original accused Santosh, Anand and Madhav.

(2.) THE first informant who happens to be the father of deceased Ramesh, has filed Criminal Application No. 2312 of 1999 for cancellation of bail granted to the original accused Santosh, Anand and Madhav. Similarly, the State has filed Criminal Application Nos. 2364 of 1999 and 2365 of 1999 under section 439 (2) of Criminal Procedure Code, 1973 for cancellation of bail granted to the original accused Santosh, Anand and Madhav. All these criminal applications for cancellation of bail are in respect of Crime No. 179 of 1999 registered by Bhokar Police Station for the offences punishable under sections 302, 323 r/w 34 of Indian Penal Code and, therefore, all the three applications were being disposed of by this common order.

(3.) THE first informant Say Gaud Bhurewar is the Proprietor of Shivneri Bar. The original accused Santosh is the proprietor of Chandra Bar. Because of business rivalry, both the proprietors did not pull on well. On the fateful day i. e. on 27-9-1999 at about 10 to 10. 15 p. m. , deceased Ramesh along with his friends, left Shivneri Bar and was on his way to Pan Shop. The deceased Ramesh and his friends reached near the square. It is prosecution version that in all six persons including accused Santosh, Anand and Madhav pounced upon Ramesh. Accused Santosh had knife with him. Accused Madhav had also knife with him. Accused Anand had stick with him. Non applicant accused Keshav had a stick with him. Non applicant Prakash and Ashok caught hands of Ramesh. Accused Santosh caused a stab wound under the right arm pit of Ramesh. Accused Madhav caused incised wound on the right cheek of Ramesh. Accused Anand gave a stick blow on the waist of Ramesh. Ramesh was immediately shifted to the Government hospital. However, he succumbed to the injuries sustained by him at the hands of the assailants.