cra2055.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2055 OF 2010 IN CRIMINAL APPEAL NO.205 OF 2010 Barku @ Prakash s/o Waman Shinde, Age-19 years, R/o-Takli Manur, Tq-Pathardi, Dist-Ahmednagar. ...APPLICANT. VERSUS The State of Maharashtra. ...RESPONDENT. ... Shri.C.R. Deshpande Advocate for Applicant. Shri.K.G. Patil, A.P.P. for Respondent. ... CORAM: NARESH H. PATIL AND A.V. POTDAR, JJ. DATE : 15TH MARCH, 2011. cra2055.10 2 PER COURT : 1. Heard learned counsel for the parties. 2. The Applicant was convicted for an offence punishable under Section 304(II) of the Indian Penal Code and sentenced to suffer R.I. for 10 years and to pay fine of Rs.1000/-, by the Additional Sessions Judge, Ahmednagar in Sessions Case No.100 of 2008. The Applicant preferred an appeal against the said Judgment and order. The appeal came to be admitted by this Court on 9th June, 2010. Present Application is filed for bail. 3. In short, the prosecution case is that deceased Atmaram had been to fetch water from common water tap in the locality, at that time there was quarrel in between deceased Atmaram and Applicant and his mother Shashikala. One Sangita who was related to the deceased Atmaram, rushed cra2055.10 3 towards the spot. She saw that Applicant and his mother were abusing deceased Atmaram. Shashikala, at that point of time, instigated her son i.e. present Applicant. The Applicant Barku, took out a knife and gave three blows on the person of the deceased. Two of these blows were given on abdomen of deceased. Shashikala had caught hold of hands of deceased Atmaram. The person surrounding, tried to intervene but the accused did not listen to them. After assaulting the deceased, the Applicant left the spot. Atmaram was lying there in pool of blood. He was taken to primary health center. The medical officer examined him and declared him dead. 4. Shri. Deshpande, learned counsel appearing for the Applicant submitted that during the trial, the Applicant was in jail and as of now the Applicant has suffered imprisonment for near about three years. The prosecution has failed to establish any motive or intention on the part of cra2055.10 4 the Applicant to commit crime for which he was convicted and sentenced. The prosecution has not examined any independent witness. There was no previous enmity between the Applicant and the deceased. The learned counsel submitted that considering all these aspects of the matter, pending Appeal, the Applicant be released on bail. 5. The learned A.P.P. opposed the bail Application on the ground that for a very trifle reason of fetching water, the Applicant has caused three blows of knife on the vital parts of the deceased, due to which deceased succumbed to the injuries and died on the spot. Human life is lost on account of fetching of water, is disturbing feature according to the A.P.P. The State had preferred Appeal against acquittal of Shashikala i.e. mother of the Applicant and even an Appeal for enhancement of sentence of the present Applicant and the Court has admitted these Appeal today itself. cra2055.10 5 6. We have perused the original record and proceedings for the purposes of consideration of bail Application. After considering the facts, evidence on record and the submissions advanced, we find that the Applicant had given three blows with the help of knife, out of which two were on abdomen of the deceased. PW-5 Medical Officer Dr. Shashikant Gore, who conducted postmortem on the dead body of the deceased have described these three injuries. The cause of death, according to the Doctor is "cardio-respiratory failure due to hemorrhagic shock due to rupture of aorta". 7. Considering the evidence on record we find that for a trifle reason the Applicant assaulted the deceased due to which he died. The Applicant was in jail since 19th March, 2008. Due to act of the Applicant, for a trifle reason, human life is lost. We are not inclined to release the Applicant on bail. The Application stands cra2055.10 6 rejected. 8. The learned counsel for the Applicant prayed for out of turn final hearing of the Appeal. This Court is hearing jail Appeals of 2009 and according to the information provided by the Registry, about 15 jail Appeals of the year 2009, are pending for final hearing. 9. All these Appeals i.e. Criminal Appeal No.205 of 2010 and the connected Appeals filed by the State, to be heard together. The Record and Proceedings be sent back forthwith. [A.V. POTDAR,J.] [NARESH H. PATIL,J.] asb/MAR11/cra2055.10