1 aba434.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No. 434/2011 Wasudeo Punaji Dongre and ors. ..vs.. State of Maharashtra, thr. PSO PS Dahihanda, Tq. Akot, Dist. Akola. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. H. M. Mohta, Advocate for applicants. Mr. D. M. Kale, A.P.P. for non applicant-State CORAM : M.N. GILANI, J. DATED : DECEMBER 19, 2011. 1. Applicant nos. 1 to 4 are apprehending arrest in Crime No. 55/2011, registered with Police Station, Dahihanda, Tq. Akot, Dist. Akola for an offence punishable under Section 306 read with Section 34 of the Indian Penal Code. 2. The complainant Gajanan is the elder brother of Arun Namdeo Dongre, the deceased. The family of the deceased and applicants are residents of village Warud Ujalka, Tq. Akot, Dist. Akola and they are agriculturists. Over a way lading to their fields, there was animosity between these two families. On 30.10.2011, the applicants went to the house of the deceased. It is alleged that applicant no.4 assaulted the deceased with kicks and left the house. At that time, the applicant no.4- accused was holding sickle. It is alleged that, thereafter, the deceased consumed poison and died. On the basis of the FIR lodged by elder brother of the deceased, offence came to be registered. 2 aba434.11.odt 3. Even assuming that the deceased felt humiliated because of the act of he having been beaten by applicant no.4, it is difficult to say that ingredients of Section 107 of the IPC are attracted. When this incident occurred, the elder brother, who lodged the FIR was present. The learned counsel for the applicants produced for perusal of this Court a copy of Non Cognizable Report, which the applicant no.4 had lodged alleging that the complainant and deceased had assaulted him on the issue of road leading to their fields. 4. At the most, offence which can be said to have been committed by the accused is of house trespass and causing simple hurt and nothing more than that and that too only against applicant no.4. It seems that only offence punishable under Section 306 read with Section 34 of the IPC is registered. The deceased consumed poison probably because he felt humiliated because of the quarrel that had taken place on the day of incident. Before an act amounts to abetment, there must be mens rea or community of intention. Without knowledge or intention there can be no abetment and the knowledge and intention must relate to the crime. 5. Considering the facts and circumstances, the applicants are entitled to be granted anticipatory bail. 6. The application is allowed. 7. In the event of arrest of the applicant no.1-Wasudeo Punaji 3 aba434.11.odt Dongre, applicant no.2-Indubai Wasudeorao Dongre, applicant no.3-Satish Wasudeo Dongre, applicant no.4-Sudhir Wasudeorao Dongre, in Crime No. 55/2011 registered with Police Station Dahihanda, Tq. Akot, Dist. Akola, for an offence punishable under Section 306 read with Section 34 of the IPC, they are directed to be released on their executing PR Bond in the sum of Rs. 25,000/- each with one surety each in the like amount. The applicants are directed to attend Police Station, Dahihanda as and when required by the Investigating Officer. JUDGE kahale