ARUN VASEDEO PARAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ON 4th November 1997, Vasant Ramchandra Parab reported to Malvan Police Station that his brother by name Sayaji, was lying dead at village Nhive, Taluka Malvan. On the basis of the said report accidental death was registered at Malvan Police Station. During the course of the said report accidental death was registered at Malvan Police Station. During the course of enquiry, it was found that deceased Sayaji was in the habit of giving abuses in filthy language and was addicted to drinking. Further, on postmortem examination on dead body of Sayaji, it was found that death was caused due to injuries caused by hard heavy weapons and haemorrhage because of that. As such CR No.125/97 was registered under sections 302 r/w 32 of the Indian Penal Code on 7-11-1997. During the course of investigation, it was found that the deceased was assaulted by the present petitioners on the night of 3rd November 1997 in front of the house of one Anita Ankush Lad, and this incident was witnessed by the said Anita and her daughter Rupali. Petitioners came to be arrested in that connection and they had applied for grant of bail to the Sessions Court, Sindhudurg - Ors, but their application came to be rejected on 6th December 1997 and, therefore, they have filed the present application.

(2.) I have heard Shri Khandeparkar for the petitioner and Shri Behere, A.P.P. for the Respondent - State. It was submitted by Shri Khandeparkar that the postmortem report would go to show that rupture was caused due to 10th rib bone piercing in spleen and was not the direct result of assault. Furthermore, Shri Khandeparkar pointed out from the statements of Anita and her daughter Rupali, that after assault by the petitioners, Sayaji was lying alive for a long time and as such, this is a case where offence of murder cannot be said to be made out. It was further submitted that no motive is alleged and in these circumstances this is a fit case for grant of bail.

(3.) I have gone through the statements of Anita and her daughter Rupali and also postmortem report and it is seen that Anita and Rupali had not disclosed this incident earlier to anybody though they have stated that due to fear they did not do so. The postmortem report clearly indicates that fractured bone pierced into spleen and because of that, there was rupture and blood was collected in the abdominal cavity and there was haemorrhage. Further, no motive is disclosed from the papers of investigation. It is not disputed that the deceased was in the habit of giving abuses in filthy language to other persons and was addicted to drinking. In view of this, I find this to be a fit case to grant bail.