1 CA3895/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3895 OF 2011 1. Moglaji s/o Bhuma Shirgire 2. Shivling s/o Bhuma Shirgire 3. Nagnath s/o Bhuma Shirgire Applicants V E R S U S The State of Maharashtra Respondent Shri V.G. Sakolkar, Advocate for the applicants Shri D.R. Kale, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 12th December, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. Present applicants are said to be involved in the incident which took place on 3rd May, 2011. One Kamalbai w/o Moglaji Shirgire has filed F.I.R. on the strength of which CR No. 22 of 2011 at Kundalwadi Police Station, District Nanded came to be recorded against the present applicants and nine other persons under Section 302, 324, 323, 147, 148, 149, 504, 504 of the Indian Penal Code. 2 CA3895/2011 3. A perusal of the F.I.R. would go to show that victim Moglaji, husband of complainant, and others went to the residence of applicants and questioned about what prompted them to assault son of Kamalbai. At that point of time, as many as 10 to 12 persons assaulted the persons who were present there including Moglaji. Said Kamalbai has specifically attributed role to all the applicants that all the applicants assaulted her husband Moglaji with wooden gandgodi i. e. a wooden bar. There are eye witnesses to the incident, viz; Balaji, Maroti, Bhuma and others. The postmortem was conducted as regards the dead-body of said Moglaji Yallappa Shirgire. At column No. 15 of the said postmortem report, there is a positive observation that both the testes were found to be injured and they are found with contusion over right testes and contusion and lacerations over left testes. Even injury is seen over whole testeses and suggests brutal violence. Apart from aforesaid injuries on the private part of said Moglaji, four other injuries were seen on other 3 CA3895/2011 part of his body. The final cause of death reported is cardio respiratory arrest resulting from injury to whole scrotum and both testes leading to shock and death. At the instance of each of the applicant, there is a recovery of gandgodi. Dr. Shriniwas, who was the attending doctor at the Primary Health Center, Kundalwadi, has rendered statement on 11th July, 2011, that when the deceased Moglaji and others were admitted in the Primary Health Center, persons belonging to opposite party came and those persons raised hue and cry in the hospital, and Mr. Bhuma, who is eye witness was pushed and he suffered fracture to his right hand. Surely the applicants must take responsibility of this incident as the Doctor has no reason to make a false statement about the incident of hue and cry in the hospital. 4. Learned Advocate appearing for the applicants submitted that the role attributed to each of the applicant is assault with gandgodi, however, it is not 4 CA3895/2011 specifically mentioned as to who assaulted Moglaji, the deceased, and on account of whose assault said Moglaji has died. He submitted that the role attributed to said applicants by eye witnesses is just as same as that of Kamalbai. He further submitted that the present applicants can be released on bail on the basis of the material which is placed before the Court, as according to the applicants, they never intended to cause death of the deceased Moglaji. 5. Learned A.P.P. of-course submitted by contending that if the witnesses including Kamalbai have attributed the role to the present applicants, and if ultimately said Moglaji has expired, all the three applicants must share the responsibility as the assault at the hands of applicants jointly is attributed. He further submitted that the statement of doctor clearly indicates that the present applicants were concerned in the violence in the hospital, and according to him, that goes to show that as to how the applicants dealt 5 CA3895/2011 with the persons who were injured and admitted in the primary health center. He further submitted that the medical certificates in respect of injuries suffered by the eye witnesses like Balaji are also placed on record. 6. Having considered the material, as aforesaid, I am inclined to observe that the role attributed to each of the applicant is clear. The applicants must bear the responsibility for the said role attributed to them. The death of said Moglaji has occurred on account of shock to the testes and scrotum. In my view, the cause of death of Moglaji is directly attributed to the assault by wooden pole, which is called as ‘gandgodi’. The eye witnesses who were present there have no reason to falsely implicate the applicants. In fact the genesis of this incident is very small viz. when the complainant and others went to question about the minor incident which taken place few hours earlier, the present applicants appear to have taken it so 6 CA3895/2011 seriously and they mercilessly beat said Moglaji and others. Looking to the conduct of the present applicants as whole as also what transpired in the Primary Health Center, this is not a case in which the Court should release the applicant on bail. Consequently, their application for bail is required to be rejected. Hence, the following order is passed to dispose of the application : O R D E R A. The application for bail is rejected. B. It is clarified that the learned Sessions Judge while conducting the trial shall not consider observations made in this order. ( R.Y. GANOO, J. ) SRM/12/12/11