ASHOK PUNDALIK GAVADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is the third application filed by the aforesaid Applicant, who has been convicted in Sessions Case No.11/2014 for offence under Section 302 r/w. 34 of the IPC, for suspension of sentence and his release on bail.

(2.) The applicant was charged with an offence of murder of one Gurunath who was employed as a waiter in a hotel at Chandgad. The case of the prosecution is that on 05.02.2014 while the deceased was serving the applicant and his friend, some water spilled on the table. The altercation between the applicant and the deceased resulted in a quarrel. It is alleged that the applicant threatened to cause death of Gurunath and some of the persons present in the hotel intervened and took said Gurunath into a room. Later on seeing Gurunath proceeding towards the police station to lodge a complaint, the applicant took a bamboo stick from his car and followed him. It is alleged that the applicant inflicted a blow of bamboo stick on his head resulting in head injury as a result, he was shifted to the hospital but succumbed to the injuries on 08.02.2014.

(3.) The post mortem report indicates that the deceased had suffered a fracture of right parietal bone extending across right temporal bone and into right side middle cranial fossa. There was laceration of membrane beneath the fractures. Subdural and sub-arachnoid hemorrhage present over left tempero parieto occipital region and basitemporal region.