UDAYANRAJE PRATAPSINHRAJE BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for bail in a case under Sections 143, 147, 148, 302, 323, 427, 149, IPC and Sections 37 (1), (3) and Section 135 of the Bombay Police Act.

(2.) IN short, the prosecution case runs as under. On 11-9-1999, the applicant and his uncle Abhay Singh Bhosale were contesting m. L. A election from the Satara Constituency the former was a candidate of bhartiya Janata Party and the latter of the Nationalist Congress Party The deceased appa Baban Leve was a worker of Abhay Singh Bhosale. On the said date, at about 2 30 a m while the informant Vijay Krishna Jadhav, the deceased Appa Leve, Deepak Bhosale and Ravi Patkar were proceeding by a gypsy towards the tunnel area at Satara, they saw a crowd of 30/35 per sons breaking glass planes of trucks at the tunnel square The Informant tried to reverse the Gypsy and drive away from the spot but by that time it was intercepted by the applicant and 14 others Thereafter, the deceased was dragged out from the Gypsy by Yadu Narkar and Sushil Mozar, the applicant inflicted a blow with a sword on the head of the deceased then handed over the sword to co-accused Sushil Mozar, and shouted that Apa Leve should not be left alive Then, Sushil Mozar, Yadu narkar and others with swords, iron rods and wooden logs assaulted the deceased. The informant Vijay Jadhav was also assaulted by a stick As a consequence of the assault launched on him by the applicant and others, the deceased succumbed to his injuries on the spot Thereafter, the applicant and others ran away according to the prosecution, a large number of eye witnesses witnessed the incident.

(3.) THE informant Vijay Jadhav was medically examined at 2 40 a m same night by Dr S J Jadhav who found a contusion over the occipital region of the dimension of 2 cm x 2 cm, which in his opinion was attributable to a hard and blunt object and was inflicted within six hours. The postmortem examination on the corpse of Appa Leve was conducted on 11-9-1999 between 715 am and 8 30 a m by the Medical Officer of General hospital, Satara who found on it 3 vertical incised wounds, I contused lacerated wound, 3 oblique incised wounds and 4 oblique contusions The internal examination showed crack fracture of the left parietal and temporal bones, damage to brain tissue m frontal and parietal region and some other damage. In the opinion of the Autospy Suregon, the deceased died on account of come due to multiple fracture of skull bone and laceration to brain.