GARVAR AYUB HABIB KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Advocate appearing for the Applicant and the learned a. P. P. for the State.

(2.) The Applicant is the Accused No. 1 who has been convicted for offence punishable under section 304 (part I) read with section 34 of the Indian Penal Code. The maximum substantive sentence is of 7 years R. I. and the fine amount is Rs. 2,000/ -. In default of payment of fine, he has been sentenced to undergo simple imprisonment for three months. I have perused the impugned judgment and order and the notes of evidence. I have also perused the record and proceedings. The learned Advocate for the applicant submitted that the Complainant P. W. 1 mohammed who was allegedly present at the time of the incident had given the history of injuries sustained by his father (the deceased) as caused in an accident. He submitted that at the earliest point of time, an entry was made in the record showing that the death was accidental. He invited my attention to the evidence of the investigating officer.

(3.) The learned A. P. P. submitted that no case is made out for grant of bail as offence under section 304 (part I) was established against the Applicant.