1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3480/2011 Kisan s/o Devala Valvi. Applicant [orig. accused.] V E R S U S The State of Maharashtra Respondent. *** Mr. H.D.Patil, Advocate for applicant. Mrs.R.K.Ladda, A.P.P. for the respondent-state. .... CORAM : SHRIHARI P. DAVARE,J. DATE : 23rd AUGUST, 2011. PER COURT : 1. Perused investigation papers, which were made available by the learned A.P.P. for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. The applicant has preferred present application, seeking regular bail, in connection with Crime No.15/2011, 2 registered at Taloda Police Station, District Nandurbar, for the offence punishable under section 302 r/w 34 of Indian Penal Code. 3. It appears that offence has been registered on the basis of the complaint lodged Keshav Sudam Padvi on 13.3.2011. The victim is Baliram, who is brother of the complainant namely Keshav Padvi. It is alleged that, deceased Baliram was doing agricultural work in the land along with his father, who was residing in the field and his father was suffering from paralysis. The applicant/accused is a night watchman working in the adjacent field. About 15 days before the incident, the accused had complained to Sudam that his son Baliram was abusing him and quarreling with him, on the ground that his cattle had entered the field of the deceased and Sudam was asked to persuade his son. On 13.3.2011, deceased Baliram worked in his field up to the evening and returned home, that time, his brother Keshav went to the field for carrying tiffin to his father. He had seen Baliram proceeding alongwith the accused at 6.30 p.m. Baliram 3 did not return home up to 7.30 p.m., hence, his brother Sunil went to the field for searching him and dead body of Baliram was found in the field of Chitte Master in a nalah. There were several wounds caused by sharp weapon on his person. The postmortem report discloses that deceased Baliram died due to several incise wounds inflicted on vital parts of the body and all are stab wounds. 4. Apparently, there is no direct evidence against the applicant, but the prosecution case is rested upon the circumstantial evidence and Keshav has categorically stated in his statement that, he saw victim Baliram and the applicant herein together at 6.30 p.m., who were proceeding together and thereafter, dead body of victim Baliram was found on 7.30 p.m., in the field of Chitte Master in a Nalah and apparently, there is nexus between death of victim Baliram and last seen together, by witness Keshav. 5. Moreover, Rampuri knife was discovered at the instance of the applicant herein, which was concealed, and same was seized under the memorandum of panchanama. 4 6. In the circumstances, there are incriminating pieces of evidence against the applicant and accordingly, there is strong primafacie case against him, and hence, although investigation has been completed and charge sheet has been filed, the applicant does not deserve to be enlarged on bail. 7. In the result, present application lacks merit and therefore, same stands dismissed and disposed of finally. These observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. (SHRIHARI P. DAVARE) JUDGE aaa/3541.11 ****