1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 241 OF 2011 Bandu Totiram Kukde Vs. State of Mharashtra thr P.S.O. P.S. Veltur Distt. Nagpur. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Order Shri R. M. Daga Adv for applicant. Shri D. B. Patel APP for non applicant/State. CORAM: M. N. GILANI J. Dated: 6 th JUNE, 2011. . This is an application for bail filed by the accused in Crime No. 14 of 2010 for the offence punishable under Section 302 read with Section 34 of Indian Penal Code. Chandu Kukde and Sanjay Kukde had a dispute relating to the partition of ancestral property which is in the village Kujba Tahsil Kuhi District Nagpur. The deceased Sanjay had filed a suit for partition in the Court of Civil Judge at Kuhi district Nagpur. It is alleged that on 15.04.2010 there was hearing of the case. On the next date i.e. on 16.04.2010 Chandu Kukde and Bandu Kukde i. e. accused nos. 1 and 2 quarreled with the deceased. On 20.04.2010 again there was a quarrel 2 between them over the issue of partition of the ancestral land. On 21.04.2010 at about 7 p.m. in village Kujba deceased was assaulted by the accused persons. Manju, wife of the deceased is an eye witness. She saw the deceased being held by accused-Bandu and other accused-Chandu dealt blows of knife on his person. Deceased succumbed to injuries. Postmortem notes point out that he had sustained as many as 13 injuries. Immediately after the incident Manju went to the Police Station Veltur and lodged the report. Learned counsel for the applicant invited my attention to the contents in F. I. R. lodged by Manju and the statement recorded by the police after registration of F. I. R.. She has stated in F. I. R. that: ek>k Hkkljk caMq o fnj panq gs ek>;k irhyk pkdq.ks [kkyh ikMq.k ekjr gksrs- rlsp eh R;kauk ek>;k uo&;kyk ekjys rqeps d/khgh cjs gks.kkj ukgh ;koj nks?ksgh iGq.k xsys- R;kosGh panqP;k gkrkr pkdq gksrk- rks pkdq ?ksowu iGkyk- In the statement she has stated that: eh ik.;kyk xsyh vlrk ek>;k irhyk caMq.ks /k:.k Bsoys gksrs o panq gk pkdq.ks iksVkoj Nkrhoj ekjr gksrs eh R;kauk HkksG;k dq=;k ek>;k uo&;kyk ekjys- ek>s irh teh.koj iMys gksrs jDr cackG >kys gksrs eh rsFks xsyh rsOgk caMq o panq iGw.k xsys- panqP;k gkrkrp pkdw gksrk- From the above statements I do not find any material contradictions 3 between the contents in F. I. R. and the statement of the witness recorded by Police. In the F. I. R. as well as in the statement it has been alleged that Chandu/accused no.1 was holding knife. In this view of the matter evidence collected by the Police point out involvement of the applicant/accused in the crime. Immediately after the incident, Manju disclosed the name of both the appellants which corroborates her version. Considering the nature of the offence application of the accused for bail cannot be granted. Application is rejected. JUDGE svk 4 From the date of taking over charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M. N. Gilani was sitting at High Court Bombay as a Visiting Judge. T. A. /D. A. Bill of His Lordship may kindly be prepared. (S.V.Khot) P.S. to Hon'ble Judge. 5 6 7