1. 1 CR.APL NO.700/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 908. APPLN/700/2011 KASHINATH DYANOBA GHODAKE [Criminal] V/S THE STATE OF MAH THR. BHADA POLICE STATION -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.J.Salunke, Adv., for the applicant. Mr. N.B.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:16-3-2011 1. Heard. The accused/applicant, on previous brawl, between womenfolks in the family, in order to teach a lesson to elder brother, followed him to an agricultural field. He, allegedly, assaulted Dharmaraj, his elder brother, by stick and attack was termed to be fatal as Dharamaraj expired on the same day at around 7.40 p.m., while he was being taken to the hospital. 2. Learned Counsel for the accused/applicant submits that the matter does not involve pre-meditation. It could be at the most, sudden provocation in which the accused desired to teach a lesson to his brother and, 1. 2 CR.APL NO.700/2011 consequently, the incident has taken place. He illustrated the dates in the matter to impress that this is high time, having been in fetters for six months, the accused/applicant desires free air. 3. The events, as highlighted by the learned Counsel, showing sympathy of providing the motor bike by itself will not be an extenuating circumstance since the bike was removed/carried by Balaji by going to the village. Balaji has also witnessed the events of assault as is reflected in the statement, apart from the statement of the complainant, the widow of the victim. 4. At this stage of the matter, it would be hazardous to opine, the act of the accused to be by sudden provocation. The learned Judge seized with the case shall independently assess the situation and then decide. 5. Considering the nature of accusations, the volatile situation in the village the accused/applicant, having done to death his brother, six months custody by itself will not provide a passage for liberty. 1. 3 CR.APL NO.700/2011 6. Hence, order. ORDER (a) Application rejected, however, learned Sessions Judge, if the matter is committed, shall ensure to dispose of the case within a period of six months from receiving communication. Observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE AGP/700-11crapl