SUKDEO KALU WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) NO doubt the petitioner's previous bail application filed in this court viz., Criminal Application No.3335 of 1995 came to be rejected on 8-2-1996 by Sahai J. on consideration of the circumstances and submission advanced by both the sides; however, this present application has been filed for grant of bail and it is contended that certain circumstances were not property put forth before this court.

(2.) AS it is, the incident arose on account of cultivation of some land between the close brothers and their children. In that incident Namdeo died while Sayaji received certain injuries. Medical certificates of both of them are placed for perusal and it would be seen that Sayaji received only simple injuries in the form of contusions. No doubt Namdeo died by injury on his head by means of bamboo stick and the post-mortem examination report shows that there was a fracture on the skull. This court while dealing with the case of the petitioner has observed: