GOVINDA KRISHNA SONWANE (BHIL) Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No.38 of 2020 registered with Mohadi Nagar Police Station, District Dhule for the offence punishable under section 302 of the Indian Penal Code. His application with similar prayer below Exh.3/D in Sessions Case No. 81 of 2020 came to be rejected by the learned Sessions Judge, Dhule vide order dated 20.10.2020.

(2.) Learned counsel for the applicant submits that though the incident allegedly had taken place on 25.4.2020, the complaint came to be lodged belatedly i.e. on 28.4.2020. Learned counsel submits that the explanation as given in the complaint about belated complaint is not satisfactory. The informant and other witnesses suspected that the deceased infected by Covid-19 and therefore delay caused in lodging the complaint. Learned counsel submits that allegedly there are eye witnesses to the incident and one witness Sanjay allegedly witnessed the incident of 25.4.2020, however, his statement also came to be recorded on 28.4.2020. Learned counsel submits that as it appears from the allegations and it has been revealed during the investigation that the applicant was suspecting that deceased had ill eye on his wife and so also the deceased had burnt the garbage from the common portion of Nalla, the applicant allegedly extended the beating to the deceased with the help of wooden log. Learned counsel submits that in fact it is not a wooden log and said weapon is a wooden stick as per the recovery panchnama drawn at the instance of the present applicant. Learned counsel submits that as per the postmortem report, the cause of death is due to "Blunt trauma to abdomen (Homicidal)". Learned counsel submits that injured Sanjay is a got up witness. There is no criminal history. The applicant is in jail since long. The applicant is ready to abide the conditions including the condition as to not to enter in the village. The applicant may be released on bail.

(3.) Learned A.P.P. has strongly resisted the application on the ground that there are eye witnesses to the incident. The applicant has extended beating to the deceased with the help of wooden log. There are in all 13 external injuries on the person of the deceased. Prima facie, there is evidence about homicidal death. Deceased had slept in front of the cattle-shed of the agricultural feld where he was working and the applicant allegedly went there and caused injuries to the deceased with the help of wooden log. Even, the deceased had made oral dying declaration before the villagers gathered there on the spot in the night itself naming the present applicant as his assailant. There is strong possibility of tampering with the prosecution evidence. The applicant may not be released on bail.