1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO. 816 OF 2009 IN CRIMINAL APPEAL NO. 1180 OF 2008 Satyawan Sukhdeo Godse ...Applicant. Versus The State of Maharashtra ...Respondent. ---- Mr. Shekhar Ingale, for the Applicant. Mrs. R.V. Newton, APP for the State. ---- CORAM : SMT.ROSHAN DALVI, J. DATED : 25TH NOVEMBER, 2009 P.C.: 1. This is an application for bail of the accused convicted under section-304 Part-II of the IPC and sentenced to undergo rigorous imprisonment for 7 years, and to pay a fine of Rs.5000/- and in default to suffer further three months rigorous imprisonment. 2. The incident took place on the field on 19.10.2007 between the deceased Tukaram Sukhdeo Godse and his brother the Applicant 2 herein and his sons. There was quarrel between them over the watering of crops. There is a common well. The evidence of P.W.-1 the wife of deceased shows that the incident took place at the common well on the field. The accused- Applicant assaulted his brother with stones, which caused injuries to his brother. Thereafter, accused caused injuries on the head of his brother the deceased with an axe. The injuries caused to the deceased are shown in the postmortem report. The postmortem report shows that the death of the deceased was due to Cranio-cerebral injury. These injuries corroborate the evidence of the Complainant/P.W.-1 who is the wife of the deceased. Her evidence shows that the Applicant went to the bath-room of his house and brought an axe with him. He then inflicted the blow of an axe on the head of her husband from blunt side, thereby the deceased fell down and became unconscious. 3. No case of grant of bail by suspension of the sentence is made out. The Application is rejected. (SMT. ROSHAN DALVI, J.)