SAYEED KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant herein is one of the accused persons against whom F.I.R. dated 05/04/2019 has been registered for the offences punishable under sections 302, 323, 504, 506 read with section 34 of Indian Penal Code.

(2.) It is the case of the prosecution that on 04/04/2019 at about 9.00 pm the applicant along with the co-accused i.e. brothers visited the house of the complainant and due to altercations that had earlier also occurred between the parties pertaining to the dispute regarding construction being undertaken by the complainant, entered into an altercation wherein when the father of the complainant intervened, he was allegedly assaulted by the applicant and the other accused by fists and KHUNTE ba424.19.odt blows resulting in injuries, causing the death of the father of the complainant. It is undisputed that the parties are related to each other and that allegedly on the same day in the morning there had been an altercation between the parties with regard to the said dispute.

(3.) The learned counsel appearing for the applicant contends that no male member of the family is now available to the family, because the applicant and the other accused have been behind bars since 05/04/2019. It is contended that even if the oral report leading to registration of F.I.R. is taken to be true for the sake of argument, the present case shows that there was a quarrel between the parties leading to the injuries suffered by the victim. In this situation, it was contended that the applicant deserved to be enlarged on bail.