1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4418 OF 2009 1. Sandip S/o.Sahebrao Nawghare, Age-23 years, Occu-Labour, 2. Satya @ Satish S/o.Sahebrao Nawghare, Age-20 years, Occu-Labour Both are R/o.Jaibhim Nagar, Nanded, Tal. And Dist. Nanded APPLICANTS VERSUS The State of Maharashtra, Through Police Inspector, Police Station, Vajirabad, Nanded RESPONDENT Mr.P.R.Katneshwarkar, learned counsel for applicants. Mr.B.J.Sonwane, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 20/01/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release in connection with CR No.19/2009, registered in Vajirabad Police Station, for the offence punishable u/s. 302 r/w. 34 of IPC in which both the applicants came to be arrested on 22/01/2009 wherein investigation is over and charge sheet is filed before the Court and the case is committed to the Court of Sessions, but neither counsel for applicant nor learned APP are able to furnish the information about 2 Sessions Case No. after the trial committed to the Court of Sessions. 2. Heard learned counsel for applicants followed by the submissions of learned APP appearing for State. Considering the submissions across the bar, the fact is clear that the said offence came to be registered on the complaint of one Namdeo Shankar, who has received the information that his brother was assaulted by the present applicants. This information is received from one Gautam. Statement of this Gautam came to be recorded during the course of investigation which indicates that the applicant Satish has caught hold the deceased while applicant Sandip have stabbed with knife in his hand. This knife is recovered at the instance of applicant Sandip. The post mortem notes shows that the death is caused due to “haemorrhage shock due to penetrating injury, cut of right sided femoral injuries”, mentioned in coloumn no.17 of the post mortem notes shows that there is only one incise cut injury on the right side region admeasuring 2 inch x 1 cm x 4 inch depth. The injuries found in coloumn no.20 are the corroborating injuries. Considering the size of the injury which shows the force behind the blow given by the applicant during the assault on the deceased, which directly cause the death of deceased. If this is the brutal way by which during the assault, the death of the deceased was caused in the broad day light, this is not a case where the court can use discretion to release such type of applicants accused involved in serious offence of murder. Application sans any merit, hence rejected. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4418-09