GAURU UNDRU KHANDAGA LE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for bail by accused in C.R. No. I -87/95 registered at Kalyan Taluka Police Station, under sections 302, 324 r/w 34 of the Indian Penal Code. I am informed that the charge -sheet is already filed on 27 -9 -1995 and the accused is in jail since 3rd July 1995. There are 2 cross cases involved in this matter; one being C.R. No. 1/87/95 in which the present petitioner is the accused and another being C.R. No. 1/86/95 u/s 147, 148, 149, 452, 302 of the I.P.C. registered at the same police station.

(2.) SHORTLY stated the facts are that on 2 -7 -1995 at night one Dasharath pelted stones at the house of the first informant in C.R. No. 1/87/95 Shanker, because of which his brother Madhukar, who was residing separately came to his house. It is alleged that the said Dashrath was about to give a blow by spade to Madhukar when the first informant took Madhukar aside the blow fell to his nose. The first informant and his brother decided to give complaint to the police station and to take medical aid for the injuries. As they were on their way to Vashind Railway Station, Madhukar went to answer the call of nature near the water tank of the railway station. The said Dasharath, the petitioner and his brother -in -law Kashinath Jadhav came towards him. It is alleged that Dashrath was assaulted armed with knife and he assaulted the first informant's brother causing injuries in the abdomen and chest, because of which first informant's brother - Madhukar fell down. It is further alleged that the petitioner thereafter started giving blows of sickle and Kashinath Jadhav, brother -in -law of the petitioner also participated. When Shanker was separating them and when he caught hold of Dashrath, he received knife blows on his legs and shoulders. Shanker's cousin brother Baliram and Kishan also received injuries in the scuffle. Shanker brought him to Kalyan dispensary where, while being treated, he expired at 0.30 hours.

(3.) I am informed that except the first informant all the accused in C.R. No. 1/86/95 are released on bail. Shri Sabnis for the petitioner has made three submissions in support of plea for bail. Firstly, he states that the three eye -witnesses have not given consistent statements. According to him, while Shanker says that the petitioner was giving blows with sickle on Madhukar, Baliram does not make any reference about the same. The eye -witness Kishan merely says that petitioner was present but he does not say that any blows were inflicted by the petitioner. No doubt, in the first information report, name of the petitioner is there, but it appears that the witnesses in their statements are not consistent about the role played by the petitioner. Secondly, the Post -mortem notes indicate that two stab injuries were inflicted. It is the prosecution case that the petitioner was carrying sickle. There is some substance in what Shri Sabnis says, that there are corresponding injuries about the allegation of use of sickle on the body of the deceased. Ofcourse, this matter has to be decided at the stage of trial. There is also no recovery of sickle. The first informant has stated that Baliram and Kishan also received sickle injuries but neither Baliram not Kishan said anything about the said injuries.