..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1431 OF 2007 IN CRIMINAL APPEAL NO.1331 OF 2007 Krishna @ Gotya Bajrang Chikane and Anr. ..Applicants. Versus State of Maharashtra. ..Respondent. ... Mr.Vinod Wagh, Adv. for the Applicants. Mr.V.B.Konde-Deshmukh, APP, for the State. ... WITH CRIMINAL APPLICATION NO.210 OF 2008 IN CRIMINAL APPEAL NO.7 OF 2008 Mohd. Rais @ Kalya Pappu. ..Applicant. Versus The State of Maharashtra. ..Respondent. ... Mr.Ganesh Gole, Adv. for the Applicant. Mr.Rajesh More, APP, for the State. ... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 21st April, 2008. DATED : 21st April, 2008. DATED : 21st April, 2008. P.C.: 1. Heard the learned Advocate for the Applicants and the learned APP for the State. Orig.accused Nos.2 & 3 have preferred Criminal Application No.1431 of 200 and Orig.accused No.4 has preferred Criminal Application No.210 of 2008. ..(2).. All the three applicants have been convicted under Section 307 read with Section 34 of the Indian Penal Code and sentenced to suffer R.I. for five years. 2. The learned Advocates for the applicants have submitted that all the three applicants have completed almost half the period of imprisonment imposed upon them. The learned Advocates have also made other submissions on merits. From the evidence it is seen that the injured witness PW-4 Rafiq has implicated all the three applicants. Accused No.2 was armed with gupti and accused Nos.3 & 4 were armed with knives. They have assaulted PW-4 Rafiq with the said weapons. The Doctor has stated that Rafiq sustained the following injuries (1) Incise wound of 6x2x1 cm. over occipital region (2) Incise wound of 12x2x1 cm. over occipital region (3) Incise wound of 5x1x1 cm. over ..(3).. parietal region posterior aspect (4) Laceration of 5x4x1 cm. over right parietal region (5) Incise wound of 6x2x8 cm. bone deep over right buttock. . The Doctor has further deposed that out of the seven injuries, injury Nos.2 and 5 were grievous in nature and rest of injuries were simple in nature and caused by sharp object. The doctor has emphatically and specifically opined that injury Nos.2 and 5 are sufficient to cause death in ordinary course of nature. He further deposed that the cumulative effect of all the injuries are sufficient to cause death in ordinary course of nature. He has also deposed that patient was in serious condition and three emergency surgeries were performed on the person of Rafiq. One surgery was performed on the small intestine. Second surgery was Ureteric surgery, performed by Uro Surgeon and third surgery was performed by Neuro Surgeon for the treatment of his scalp. He has also deposed that injury No.2, ..(4).. which was noticed by him on Rafiq may affect memory (in future). 6. Looking to the evidence of the injured witness and the medical evidence, I am not inclined to grant bail to the applicants at this stage. Hence both the applications are rejected. . R & P in the above matters has already been received. Copies of the evidence and the impugned judgment and order have already been annexed. Leave to annex the index and charge. Matters to be placed for final hearing in the week commencing from 28th April, 2008. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)