(1) CR.APP. 1781.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1781 OF 2009 1] Isrya Budha Raut, Age: 40 years, Occu.: Agri., 2] Vasant Dudya Raut, Age: 35 years, Occu.: Agri., Both R/o Umaryamal, Taluka Sakri, District:Dhule .. Applicants Versus State of Maharashtra, (Copy served on the Public Prosecutor, High Court, Bench at Aurangabad) .. Respondent Mr. Joydeep Chatterji, Advocate for the Applicants Mr. J.S. Gavane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 1ST JULY, 2009 ORAL ORDER.:- 1] The applicants are seeking bail in crime no. 6 of 2009 of Pimpalner Police Station, alleging offences punishable under section 302, 34 of the Indian Penal Code. (2) CR.APP. 1781.2009 2] The incident took place on 7.2.2009 at about 9:30 pm. The applicants and the deceased Monya were related. There was a mutual arrangement between them that they would use water of the well in turns. The applicant had grievance that the deceased and his son took water of the well out of turn. The applicants took up quarrel with the deceased. The wives of the applicants were also quarreling with the deceased. Initially the applicants and their wives manhandled and assaulted Monya, the deceased. Thereafter, the applicants pushed him down from a hillock. Monya tumbled down and got injured. As if that was not enough, the applicants again assaulted him with fists and kicks. The applicants thereafter lifted Monya up and threw him down. The place where he fell was stony and due to this fall, Monya sustained injuries on his head. Monya died due to multiple injuries on his head. 3] The question is whether the applicants deserve bail? The answer is in the affirmative. Assuming the narration is truthful, yet there is a strong and viable defence available to the applicants that they did not intend to kill the deceased. Besides they are not armed with any weapon. In such situation, though the deceased died of homicide, it might not amount to murder. The applicants deserve bail. (3) CR.APP. 1781.2009 4] The applicants are released on bail of Rs.15,000/- (Rs. Fifteen Thousand) each with one surety each in the like amount. 5] Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/1july9/cr1781.09