1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.1401/2008 In Criminal Appeal No.186/2008 [Rahul Rameshchandra Zade and one .vrs. State of Maharashtra] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. S.S. Rao, Advocate for the applicant, Mr. D.M. Kale, APP for the respondent. .......... CORAM : K.J. ROHEE AND B.P. DHARMADHIKARI, JJ DATED : JULY 1, 2008 1. Heard the learned counsel for the applicant and the learned APP for the respondent/State. 2. According to the prosecution, sometime in December 2005, appellant no.1 Rahul s/o Ramchandra Zade took a room belonging to Ramaji Patil (PW 1) on rent. Appellant No.2 Sunil s/o Ramchandra Zade is the real brother of appellant no.1 Rahul, who used to come to appellant no.1 Rahul often. On 20.1.2006 around 8.00 a.m. both the appellants had been to the house of Vipin Ramgirikar (the deceased), they took him and one Vicky Ghumad (PW 8) on their motor cycle. On way, they left Vicky Ghumad and 2 proceeded further. They brought Vipin Ramgirikar to the rented premises of appellant no.1 Rahul. The neighbours namely PW 9 Swati Bramhne and PW 10 Swati Landge saw these three persons entering the room of appellant no.1 Rahul. After sometime, they heard shouts and found that firstly appellant no.2 Sunil left the house and after sometime appellant no.1 Rahul was leaving the house. The above neighbours called PW 7 Chhayabai Ramaji Patil (the wife of the landlord). Appellant no.1 Rahul did not permit them to enter the room by saying that room was locked and he was not having the key. The neighbours referred to above saw through the window that the dead body was lying in the room below the cot and there was pool of blood. After the police were informed investigation started. After long period of six months, the appellants were arrested. It would be seen that though there is no eyewitness to the alleged incident of murder of Vipin Ramgirikar, the chain of circumstantial evidence is so complete that the involvement of appellant nos.1 and 2 is established beyond doubt. We find that there is ample evidence in support of the conviction of appellant no.2 Sunil. Hence, we are not inclined to grant him bail. The application is rejected. JUDGE JUDGE Gulande