DATTATRAYA BAPU GUNJAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr.Patil for the applicants and Ms.Kantharia for the respondent-State.

(2.) THIS is an application for bail filed by the applicants who are accused in a murder case, the incident whereof took place on 21st March 1996 and registered under C.R.No.118 of 1996. The applicants are inter related. The applicants Nos.1 and 3 are the brothers while applicants No.2 is the son of applicant No.1 The deceased in this case is the wife of the brother of Applicant Nos.1 and 3. This present incident seems to be the offshoot of the earlier day's incident which took place on 20th March 1996 which was registered under C.R.No.115 of 1996 under Sections 326, 323 and 404 of IPC when the applicant No.3 was assaulted by the husband of the deceased. In that incident the husband of the deceased was already in police custody. While he was in police custody, the next day these applicants and the lady relations of these applicants assaulted fatally the deceased. The deceased and the applicants are neighbours. They are also relations as pointed out earlier. The applicant Nos.1 and 2 have assaulted the deceased with stomps and the bamboos. There is also recovery of the stick to which the hair of the deceased were stuck up.

(3.) THERE are two eye witnesses one being the son of the deceased and another one neighbour.