(1) CR.APP. 1823.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1823 OF 2009 1] Gayabai w/o Pandurang Diwane Age : 47 years, Occu. H.H., R/o Shelgaon (D), Tq. Kallam, Dist. Osmanabad 2] Shital w/o Shahaji Diwane, Age : 23 years, Occu.: H.H., R/O Shelgaon (D), Tq. Kallam, Dist. Osmanabad 3] Uma D/o Pandurang Diwane @ Urmila w/o Nitin Adsul, Age : 25 years, Occu.: H.H., R/o Itkur, Tq. Kallam, Dist. Osmanabad .. Applicants Versus The State of Maharashtra (Copy to be served on Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) .. Respondent Mr. S.A. Wakure, Advocate for the Applicants Mr. N.H. Borade, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 7TH JULY, 2009 ORAL ORDER:- 1] The applicants are seeking anticipatory bail in crime no. 46 of 2009 of Yermala Police (2) CR.APP. 1823.2009 Station, Tq. Kallam, Dist. Osmanabad dated 7.5.2009. The offences punishable under section 302, 147, 148, 149, 504 IPC are alleged against the applicants and three others. 2] The applicants are women and members of one family. The other three arrested accused are also members of the same family. The incident took place on 6.5.2009 at about 12:30 mid-day. A quarrel erupted between deceased-Kamal, a women aged 35 years and accused Shahaji residing in the neighbourhood. It is alleged that all the applicants and other accused entered into a quarrel and started abusing deceased-Kamal. Suddenly Shahaji, kicked deceased-Kamal in her abdomen. Kamal fell down. Thereupon the applicants took fire-wood which was lying nearby, and hit Kamal on her back and chest. Kamal sustained serious injuries and fell down and fainted. Thereupon her family members rushed to her rescue. They took her to hospital. At about 3:00 'O' Clock Kamal died. The post-mortem revealed rupture of spleen and kidney. 3] The peculiar feature of this case is that Kamal did not suffer any external injury. This finding in the post-mortem makes the prosecution case very weak, when it suggested that the present applicants assaulted Kamal with pieces of firewoods. (3) CR.APP. 1823.2009 Had this allegation been truthful, Kamal must have sustained some injuries on her person. It appears that the complainant and other eye-witnesses have exaggerated the incident of assaulting. I am told the three other accused are arrested and are in custody. The applicants deserve anticipatory bail. 4] The applicants shall be released on bail of Rs.10,000/- (Rs. Ten Thousand) each with one surety each in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/7july9/cr1823.09