1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.830 OF 2010 Keshav S/o.Kaduba Lende and another APPLICANT VERSUS The State of Maharashtra, RESPONDENT Mr.R.V.Gore, learned counsel for applicants. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 11/03/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 114/2009, registered in Pachod Police Station for the alleged offence punishable u/s. 302, 201 r/w. 34 of IPC, in which the first applicant came to be arrested after 4 hours, following to the registration of the offence dated 30/10/2009, while the second applicant came to be arrested on 01/11/2009. In this case, after completion of investigation, charge sheet was filed in the Court of J.M.F.C.Paithan, hence now the applicants claimed to release them on bail as the investigation is over. 2 2. Heard learned counsel for applicants followed by the submissions of learned APP appearing for State. Also perused the papers of investigation till carried out. 3. It is essential to take the note of a fact that the dead body of deceased Bhujang was found in the well of one Santosh Keshavrao Thore. It is identified after the dead body was taken out from the said well. Post mortem was conducted on the dead body in the afternoon of 29/10/20090 itself and during the post mortem, the injuries were found on the neck as well as on the eyes of deceased and it is mentioned by the Medical Officer that these injuries are antemortem injuries. It is to be noted that in coloumn no.22, there is reference of filled meal particles and there is note that the death caused after the meal was digested. The probable cause of death is shown due to injuries on vital organs like brain, neck, followed by Cardio respiratory arrest, but as the viscera is preserved, the final cause of death is also reserved. But still it revealed that even though the dead body was found in the well, the cause of death was not mentioned due to asphyxia or due to drowning in the well water. It clearly indicates that the death is un-natural and homicidal death. Now as the entire charge sheet is based on circumstances, it is necessary to consider the situation, where the well is situated in which the dead body was found and the surrounding circumstances. This well is situated in the field, in which standing cotton crop is situated. Near the well, there are marks of violence found in the said cotton crop at two places. Apart from it, articles of deceased as well 3 as the articles belonging to the present applicants were found near the place in the field where the marks of violence were noticed. This require serious consideration. During the course of submissions across the bar, it is tried to urge that on the point of last seen together in the earlier night i.e. on 28/10/2009, during the investigation statement of 3 witnesses appeared to be recorded, but out of those 3 witnesses, in the statement of 2 witnesses, there is reference of only these 2 applicants, while in the 3 rd statement, there is reference of deceased in the company of these 2 applicants, but the disclosure in the statement that all of them had consumed liquor, do not support from the post mortem report. At this juncture, Court has to consider the report of viscera sent for chemical analysis which is not on record. According to counsel for applicants, as these applicants were passing from the road, their articles were found on the way Herapur-Gharegaon and not in the field. This statement can not be accepted as the articles of these applicants were found where the articles of the deceased were also found, where signs of violence in the cotton crop is noticed. No proper explanation is coming forth as to how the articles of these applicants reached near the marks of violence found in the cotton crop, where the articles of deceased were found lying. Court has to take a note of the material fact that from the field of cotton crop, from where the marks of violence is noticed, signs of dragging of human body for a considerable period was also noticed and in the nearby well in field, dead body of deceased was found. As in one of the earlier paragraph supra, I have taken a note that even though the dead body was found in a well, cause of death 4 is not due to drowning or asphyxia, but because of the injuries noticed on the person of the deceased. No doubt, the circumstantial evidence is a weak piece of evidence, but these circumstances shows the involvement of applicants in the said offence. In the premise, application sans any merit, as there is also a motive about the quarrel between the applicants and deceased on the point of labour charges, which were received by one of the applicant and when demanded by the deceased on the day earlier to the incident and were denied. Application sans any merit, hence rejected. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.830-10