/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1293 OF 2008 IN CRIMINAL APPEAL NO.1204 OF 2008 Vikram Ramchandra Khot & Anr. ...Applicants Vs. The State of Maharashtra ...Respondent --- Shri Jaising Q. Gaikwad for Applicants Shri Rajesh More APP for State --- CORAM:V.M. KANADE J. DATED : 24TH NOVEMBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants. 2. The Applicants have been convicted for the offence punishable under section 304-II r.w. section 34 of the Indian Penal Code and they have been sentenced to suffer R.I.. for six years. 3. It is the case of the prosecution that the deceased was cutting the grass along with other lady. The deceased complained that the accused Applicants had cut the grass from her portion of the land. A quarrel arose over the same. Applicants had assaulted the deceased with kicks and fist blows on the stomach of the deceased, as a result, the deceased succumbed to the injuries and died. 4. The Trial Court came to the conclusion that there was no intention / 2 / on the part of the Applicants to commit murder and, therefore, convicted the Applicants for the offence punishable under section 304-II. 5. The learned Counsel appearing on behalf of the Applicant submitted that the quarrel started over the flimsy issue and the Applicants never had any intention to commit murder or grievous hurt to the deceased. However, he submitted that the Applicants were on bail during trial and, therefore, the Applicants had good chance of succeeding in the appeal, therefore, the Applicants be released on bail. He submitted that the Applicants have one small child of three years of age and, therefore, lenient view be taken against both the Applicants. 6. In my view, the Trial Court after going through the evidence on record, has given a finding that both the Applicants had assaulted the deceased which was resulted into death. Even if the case of the Applicants is accepted that quarrel had started over a flimsy issue, the fact remains that it resulted into death of the deceased as a result of assault by the Applicants. 7. In my view, therefore, no case is made out for grant of bail for the Applicant No.1. The Applicant No.2 however being a lady and since she has one minor child, she may be released on bail. Bail application of the Applicant No.1 is rejected. However, liberty is granted to the Applicant to apply for bail after expiry of six months. Applicant No.2, however, be released on bail in a / 3 / sum of Rs.5,000/- with one or two sureties in the like amount. 8. Application is accordingly disposed of. V.M. KANADE J.