-- 1 -- Criminal Application No.51/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.51 OF 2011 Rama Tetya Vasave & ors. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.P. Brahme, Advocate for the applicants Shri K.M. Suryawanshi, A.P.P. for the respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 2nd February, 2011 PER COURT : 1. Heard. Ojma Vaharya Vasave, a tribal, left on 23.8.2010, however, did not return. Consequently, his wife and relations were searching him, but he was not located. On 26.8.2010, it revealed, the umbrella and tiffin belonging to deceased was lying, which indicated traces of the deceased to be a nearby and consequently, search was made and he was found in the valley. His dead body was in a de-composed position. Elder brother Jamla confirmed the dead body to be of his brother, the deceased Ojma, arrangement was made to collect the dead body. In the statement dated 27.8.2010, said Jamla Vaharya Vasave informed the police that it could be an accidental death as his brother Ojma was a -- 2 -- Criminal Application No.51/2011 drunkard, may have, under influence, collapsed and succumbed. 2. After four days, i.e. on 30.8.2010, three persons, who are relatives of the deceased or the widow, informed about the accused/ applicant assaulting the deceased with a wooden stick (bludgeon). Counsel submits that, the eye witnesses need not be believed, they are stooge, created, there are least chances of tampering the witnesses, the accused/ applicant is in custody since four months, being arrested on 2.9.2010 and charge sheet is filed. 3. The medical evidence particularly the post mortem notes support the contentions of the eye witnesses, of the deceased being attacked on his head, as the death of deceased was owing to head injuries and respiratory arrest. At this stage of the matter, it cannot be said that the three witnesses are concocted or manufactured witnesses to assist cause of the widow/ complainant and falsely implicate the accused. Filing of charge sheet or arrest on 2.9.2010 is of little consequence. Brutality is writ large to do away the deceased including causing disappearance of the dead body. Application lacks merits, rejected. Observations are prima facie in nature. K.U. CHANDIWAL JUDGE fmp/cri51.11