(1) CRI.APP. 3520.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3520 OF 2010 1. Balu S/o Radhuji Ingale 2. Shivnath S/o Chandrabhan Ingale 3. Kishor S/o Karbhari Ingale .. Applicants VERSUS The State of Maharashtra and anr. .. Respondents Mrs. Sadhana S. Jadhav, Advocate for the Applicants Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 1ST SEPTEMBER, 2010 ORAL ORDER:- 1. Heard learned counsel. The applicants apprehend their arrest in connection with crime no. I-159 of 2010 registered at Sangamner Police Station for the offence under section 306, 323, 504 and 506 r/w. 34 of the Indian Penal Code. 2. The FIR is lodged by mother of deceased Arjun. He was aged about 25 years. He was allegedly working as driver on tractor of the applicants. He had left that job and was working at Chakan in a (2) CRI.APP. 3520.2010 private company since about six months before the incident. The FIR purports to show that deceased Arjun was always scared because the applicants used to employ him for driving of the tractor vehicle during night time for illegal excavating and transporting sand from bed of the river situated in the outskirts of the village. It was noticed that as and when he used to bunk the duty, the applicants used to threaten and beat him and, therefore, he had left the job with them. He had returned to village due to a marriage function on 20.4.2010. On 28.5.2010 the informant and her husband were sleeping in the open space in front of the house. At about 11.30 pm. they heard cry and went to see as to what had happened. It was noticed that Arjun had immolated himself. He had received 98% burn. He died on 1.6.2010 at wee hours. On enquiry he narrated to the mother that when he had returned from Pune (Chakan) the applicants had taken him to the river bed of river Pravara and had beaten up him. He alleged that they had threatened him that if he will not work with them then he would be done to death so (3) CRI.APP. 3520.2010 due to such ill-treatment and threats, he committed the act of self-immolation. 3. Counsel would submit that there is delay in lodging of the FIR and that when the deceased had already left the work prior to about six months, it is improbable that the applicants would force him to do work with them. It is pointed out that no offence was registered against the applicants for alleged excavation of the sand nor anybody had complained against them of such business. It is contended that the applicants are likely to be humiliated on account of the arrest when they are unconcerned with the alleged act of self-immolation by the deceased Arjun. 4. There may be another side of the coin. The deceased was the only person knowing about the alleged murky business of the applicants. The FIR does show, prima faice, that they used to transport the excavated sand through night time and deceased Arjun was being threatened or sometimes even beaten up. It is difficult to fathom human mind. It may be that deceased Arjun was rather susceptible to mental (4) CRI.APP. 3520.2010 pressures and was of weak mind. Not everyone in the society is expected to be possessed with quality of lion's heart nor bravery is expected from each unit of the society. There are gullible persons who can be put under pressure. Deceased Arjun may be one of them. In any case, it prima facie appears that the informant, who is mother of deceased Arjun, has no tangible reason to lodge such a report against the applicants nor there was any serious enmity between them. In her FIR she has referred to the oral dying declaration of the deceased Arjun which prima facie implicates the applicants. Under the circumstances the discretionary relief is declined to them and therefore the Application is rejected. 5. The observations may not be considered in any other proceeding, including the decision of regular Bail Application. Sd/- [V.R. KINGAONKAR, J.] arp