SHAM RAMNATH KAMULKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Ms. Collasso, the learned Counsel on behalf of the applicant and Ms. Coutinho, the learned p. P on behalf of the respondent.

(2.) THE applicant herein was arrested on 14/12/2005 in Crime No. 261/06 under Section 302 I. P. C. and since then he has been in custody. The applicant approached the Court of Sessions for bail and it appears that his bail application came to be rejected by Order dated 4/1/2006, on the ground that the applicant was involved in an offence, which was of serious nature and also because there was possibility of the applicant tampering with the witnesses, if released on bail. The facts stated show that the deceased anand was a handicapped person and used a crutch; to walk around. The accused and the deceased were seen sitting in front of a Bar of one Manuel on the footpath and they were quarrelling i. e. abusing each other filthy words, when all of a sudden, the deceased Anand, who was having the crutch with him, hit the accused on "rut. right arm with the said crutch and the accused reacted by snatching the said crutch from the hands of accused Anand and hit the same on his left hand and on his head on account of which, the deceased Anand collapsed and died and the accused ran away from the place with the said crutch. It appears that there are two witnesses, who witnessed the incident and whose statements have already been recorded.

(3.) MS. Collasso, the learned Counsel on behalf of the applicant, has submitted that the incident took place on the spur of moment and there was no premeditation to cause the death of the deceased and,-therefore, the applicant/accused could at the most convicted under section 304 I. P. C. and not under Section 302 I. P. C. and, therefore, the applicant is entitled to be admitted to bail. On the other hand, learned P. P. Ms. Coutinho, has submitted that at this nascent stage, it is not necessary to find out whether the offence allegedly commuted by the accused would come under section 302 or 304 1pc, and since death has been caused, the accused would be guilty under Section 302 IPC.