/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1120 OF 2008 IN CRIMINAL APPEAL NO.1052 OF 2008 1.Rama Dharma Handva 2.Madhukar Rama Handava 3.Vasant Rama Handava 4. Fulchand Rama Handava ...Applicants Vs. The State of Maharashtra ...Respondent --- Rama Dharma Mandava & Ors. for Applicants Mr. D.P. Adsule APP for the State ---- CORAM: V.M. KANADE J. DATED 12TH DECEMBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the learned APP for the State. 2. The Applicants have been convicted for the offence punishable under section 304(II) r.w. 34 of the Indian Penal Code and are sentenced to suffer R.I. for three years and to pay fine of Rs.1,000/- and, in default, to suffer further S.I. for three months. 3. The prosecution case in brief is that there was a dispute between / 2 / the two families on account of the cultivation of land of one Karnavat and on 16.6.2000, there was a fight between the two groups. It is further the prosecution case is that the Accused asked Kalu to give ½ share in the landed property and when he refused to do so, the accused started assaulting Kalu, Sudama and other family members. One Barku, nephew of Kamabai also tried to intervene but accused assaulted him with sticks and stones and he sustained injuries on his head and later on succumbed to the injuries, died after 4 days. 4. The Trial Court has recorded a finding that there was no intention on the part of the accused to cause death of Barku . The Trial Court has observed that Barku died after 4 days and that the weapon used was stick or stone. The Trial Court has also observed that the possibility of being casual injury due to fall on the ground, also cannot be ruled out. The Trial court has observed that though the Kalu was assaulted with stick or stones, the medical certificate recording the injuries caused to him was not brought on record. The Trial Court has imposed the sentence of three years. The Accused were on bail during trial. The appeal is not likely to come up for hearing for quite some time. Under these circumstances, it will be appropriate if the Applicants are released on bail. / 3 / 5. The Applicants be released on bail in the sum of Rs.5,000/- each with one or two sureties in the like amount. The Applicants shall report to Kasa Police Station once in a month. 6. Application is disposed of. V.M.KANADE J.