1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.629 OF 2011 (RAGHOBA BUDHA TAMBE //VS// STATE OF MAH. THR. PS.O.NANDURA, DIST. BULDANA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.B.Moon, Advocate for Applicant. Mr. V.A.Thakre, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : DECEMBER 05, 2011. Heard both sides. This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant/ accused on bail against whom offence bearing Crime No. 21 of 2011 is registered with Police Station, Nandura, District : Buldana for the offence punishable under Sections 302 and 201 of the Indian Penal Code. 2. The facts unfolded in the first information report are thus : The incident occurred on 03.03.2011 at about 12.30 noon. Deceased, aged about 21 years, belonging to a shepherd family was residing in village Pimpalgaon, Tahsil : Motala, District : Buldana. On the day of the incident the deceased and his two brothers went to outskirts of the village to graze the sheeps. One person, who was later on identified as accused, approached the deceased and started taking with him. Thereafter they both went in a nullah. After some time brother of the deceased Viju and Hiraman found the deceased lying in the nullah in an injured condition. They both rushed to their parents and informed them about the incident. The 2 deceased succumbed to the injuries. During autopsy about 18 injuries in the nature of stab wounds and incised wounds were noticed on the person of the deceased. It was opined that the death was because of multiple injuries to the vital organs. In addition to the statements of Hiraman and Viju a statement of Irfan, who had also seen the deceased around the spot at the relevant time, was recorded. The accused was arrested on 05.03.2011. He had an injury of knife on his hand. His medical examination revealed that there were multiple abrasions 3 in number on left palm and abrasion on right palm. All injuries were between 36 to 72 hours. In the identification parade Hiraman and Viju identified the accused. The story of the prosecution is that, the deceased had married to Tolabai and the accused had developed illicit relations with her. 3. The evidence, so far, collected against the accused is : i) Just before the incident the accused was seen in the company of the deceased. Further the accused and the deceased were seen going towards the place where the dead body of the deceased was found. Soon thereafter the dead body was noticed. Earlier to that the accused was seen near the place of occurrence. In the normal circumstances the accused had no business to visit the place of occurrence. ii) The accused was arrested two days after the incident. Some injuries on his palm were noticed. Such injuries are possible during the scuffle and by the weapon like razor. iii) At the instance of the accused razor, by which the injuries were caused, has been seized. 3 iv) During identification parade the accused was identified as a person last seen in the company of the deceased and carrying him towards nullah. The circumstantial evidence referred to above points out involvement of the accused in the offence of commission of murder of Roduba. The contention of the learned counsel for the applicant that, the witnesses Hiraman and Viju are the brothers of the deceased and therefore, they are got up witnesses, cannot be accepted at this stage. In that light of the matter, I do not find any merit in this application. The application is rejected. JUDGE RR..