IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4062 OF 2009 Ravindra Nagendra Kotalgi and Anr. ...Applicants Vs. The State of Maharashtra ...Respondent ---- Shri V.V. Purwant for Applicants ---- CORAM: V.M. KANADE J. DATE : 12TH NOVEMBER, 2009 P.C. ---- 1. Heard the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 2. The Applicant was arrested in connection with an offence punishable under sections 302, 323, 504, 506 r/w. 34 of the Indian Penal Code. 3. It is alleged that the Applicant along with others assaulted father-in-law of the Complainant and others who were in the house with stones, fist blows and kick blows. It is alleged that initially the incident had taken place where one Shivanand who is the brother-in-law of the Applicant herein had molested wife of the Complainant. The deceased father-in-law thereafter had tried to intervene and persuade the brother of the Complainant Shivanand in order to ensure that the dispute between the brothers over the said molestation by Shivanand, should be resolved amicably. However, the present Applicant and the other co-accused Shivanand and others instead of taking the advise of the father-in-law of the Complainant, who was about 70 years of age assaulted him and others viz. the Complainant, his wife, mother-in-law who also sustained injuries in the said incident. The cause of death which is mentioned in the postmortem report is as under: “Head injury associated with multiple fracture rib and injury to vital organs” However, the said observations were made by the Chemical Analysis. The injuries which are shows in the column 17, 19, 20 also indicate that there are several abrasion and confusion, Scalp haematoma in temporo-occipital area. There is a fracture on 2nd ,3rd ,4 ribs on the left side. The medical evidence, therefore, corroborates the version of the Complainant and other witnesses. 4. Taking into consideration the said motive and statements of the witnesses, in my view, the Applicant is not entitled to be released on bail. Application is, accordingly, dismissed. The trial Court shall not be influenced any observations made by this Court while deciding this matter since these observations are of a prima facie nature. (V.M. KANADE J.)