GANESH SITARAM GAWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application is moved for pre-arrest bail by the applicant/accused. The applicant/accused is prosecuted for the offences under sec. 302 r/w 34 of IPC in C.R No. 90/16 of Vadgaon Maval Police Station. The offence is registered at the instance of Vigunath Raghuvir Pal on 07/05/2016.

(2.) It is the case of prosecution that on 06/05/2016 deceased Lalchand Ramdeo Pal was driving his container on the road. At that time the dispute took place between the applicant/accused, his friends and deceased, on account of taking vehicle. The applicant/accused stopped the container by putting his Scoda Car in front of the container and thereafter they pulled out deceased Lalchand and assaulted him with fist blows on his stomach and thereafter they ran away. The deceased contacted the complainant on cell phone through his relative, who arrived there and got the information of assault by the applicant/accused and others, from the deceased himself. The deceased was taken to Talegaon Pune General Hospital, who died on the next day i.e on 07/05/2016 at 10.45 hours and therefore offence of murder was registered against the applicant/accused and the co-accused.

(3.) The learned counsel for the applicant/accused has submitted that the applicant/accused had no intention to kill the deceased. It was an accidental death after the assault. He further submitted that the applicant/accused and the co-accused did not assault deceased with fist blows. It happened out of sudden quarrel. He submitted that the applicant/accused was very much available to the police from May 2016 till today. To that effect applicant/accused has filed affidavit. He submitted that the applicant/accused has executed the sale deeds in the office of Registrar, which is verified by the police station.