1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 328 OF 2011 ( Jogeshwar Jagdish Samtdar Vs. State of Mah. PSO PS Chamorshi Distt. Gadchiroli) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri V. N. Morande Adv for applicant. Shri N. R. Rode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 6th JULY, 2011. . The applicant along with his elder brother Samiran is arrayed as an accused in Crime No. 128 of 2010 registered at Police Station Chamorshi district Gadchiroli for the offence punishable under Section 302 read with Section 34 of Indian Penal Code. That mother of the applicants died about three years prior to the incident. After her death their father developed intimacy with one lady by name Patrika. The place being a small village it came to the notice of all. The applicant and his brother were annoyed because of the said conduct of their father. A complaint was also lodged before the Tanta Mukti Samiti and on 2 the date of incident the applicant and his brother were summoned by the said Committee. On 13.02.2010 in the morning the applicant and his brother Samiran started beating their father. Their sister by name Bani after learning about the quarrel taking place at her father's house rushed to the house. She saw that the door was closed from inside. She heard the shouts and utterances of her brothers. Thereafter both came out and rode the motorcycle and left the spot. The complainant Bani entered the house and found her father dead because of injuries caused to him. Perused postmortem notes. Cause of death according to the Medical Officer was head injury. It is contended by the learned counsel for the applicant that stick has been recovered at the instance of Samiran and as such the injuries on the person of the deceased cannot be attributed to present applicant. The statement of Bani is perused. It points out that applicant and his brother assaulted the deceased. Some of the injuries being on vital part resulted in his death. The motive is also obvious. Recovery of the stick at the instance of Samiran is insignificant for the reason that in the F. I. R. it is mentioned that after both brothers came out of the room by opening the door, they 3 rode motorcycle and left the spot. Considering the involvement of the applicant in the offence under Section 302 read with Section 34 of Indian Penal Code, application is rejected. JUDGE svk