BALU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Section 439 of the Code of Criminal Procedure by accused no.5 in Crime No.280/2019 registered with Chandanzira Police Station, Dist. Jalna for the offences Punishable under Sections 302 , 201 , 120 B read with Section 34 of the Indian Penal Code after filing of the charge sheet.

(2.) In sum and substance the allegations as can be appreciated from the police papers are to the effect that the deceased was addicted to liquor. Off and on he was insisting his mother who is also a co-accused no. 3 herein to permit him to dispose of their agricultural land. He was also beating her and harassing his other relatives for the same reason. On 27.08.2019 the other accused persons including the applicant are alleged to have assaulted the deceased in front of his mother accused Radhabai. In the process accused No.4 Bhattu is stated to have smashed his head with a stone. Instead of taking him to any hospital, the accused persons kept him in an injured condition inside the house and on the next day he was found dead. All the accused persons thereafter buried his dead body in the river bed of Chitora. It is alleged that on a tip off accused Bhagan Appa accused no.1 is stated to have discovered the spot. The body was exhumed. Postmortem was done. It was certified to be a homicidal death. The offence was registered and accused nos. 1 to 3 were arrested. Accused no. 4 Bhattu and the present applicant remain at large. The charge sheet was filed only against the accused nos.1 to 3. The applicant was arrested on 03.12.2019. A supplementary charge sheet has been filed and he is now seeking bail.

(3.) The learned advocate for the applicant submits that there are no eye witnesses. The prosecution has been heavily relying upon circumstantial evidence. Even the circumstances are not enough to complete a chain. At the most there is a material in the form of discovery of the spot where the dead body was buried by the accused no.1 Bhagvan Appa. However, that would not be a material which can be used against the applicant. The other statements are only of police officers which are inadmissible. There is no likelihood of trial getting over in the near future. There are no criminal antecedents. The applicant is ready to abide by all the terms and conditions and he may be granted bail.