STATE OF MAHARASHTRA Vs. SATYAKUMAR KAMALKISHORE NASHINE

JUDGEMENT

(1.) THESE two applications, challenging the order of grant of anticipatory bail, can be decided together since they arise out of same order. One application is filed by the complainant and the other is filed by the State.

(2.) A few facts may be stated thus - One Ramkishor Kasturchand Agrawal was an Upsarpanch of village Dongargaon. Accused/n. A. 2 Deepak holds a country liquor shop license in village Cello. He runs a country liquor shop at Sawli. Government of Maharashtra has taken a policy decision that if women residing in the ward, where the shop of liquor is located, desire that no liquor shop should be run in their ward, they can make a request to the Collector and upon such request the Collector has to hold a sort of election. Women from that ward alone are allowed to cast votes for or against running such a shop. If majority of women cast vote for closure, the shop is ordered to be closed. It is alleged that at the instigation of Ramkishor Agrawal - the deceased - an election was held. The majority of the voters favoured closure of the said shop. The shop was closed and licence cancelled. Against this order, it appears that N. A. 2-Deepak moved the Government and the Government granted stay. The stay was granted on8-2-2007. Inspite of the stay having been granted, the Sharda Mahila Mandal at Sawli staged a Dharana infront of the shop. It is alleged that, therefore, the accused got annoyed. It is also alleged that the accused-N. A. 2 Deepak along with other accused therefore, hatched a conspiracy to eliminate Ramkishor Agrawal. On 15-2-2007, deceased Ramkishor had gone Amgaon. On his way back home, it is alleged that he was found dead. It is also alleged that a show was made that Ramkishor had died in a vehicular accident. However, stab wounds were found on the person of Ramkishor. His brother Govindlal Agrawal lodged a report with the police and offence under section302 of the Indian Penal Code came to be registered.

(3.) BEFORE we proceed to consider the submissions, it would be worthwhile to see the manner in which the deceased was done to death and if prima facie there is evidence of death being homicidal or not. The inquest panchanama shows two stab wounds on the neck of the deceased. The post-mortem note shows two stab wounds with clear cut margines on neck. The carotid arteries were cut and death is due to hammeregic shock due to stab wounds. There are also other injuries like abrasions, contusions. The spot panchanama shows that the dead body was found near his motor cycle lying on road. There is, therefore, enough evidence prima facie to say that it was a case of murder and not an accident. No eye-witness was available. It was due to this reason that the sessions Judge should have been more circumspect while granting the anticipatory bail.