1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2194 OF 2010 Hirachand S/o.Dattatraya Gutane, and others APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.V.D.Sapkal, learned counsel for applicants. Mr.P.P.More, learned APP for State CORAM : A.V.POTDAR, J. DATE : 02/07/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No.16/2010 registered in Dhoki Police Station, in which they were arrested on 19/02/2010 and after completion of investigation, charge sheet was filed and the case is committed to the Sessions Court which is numbered as Sessions Case No.44/2010. 2. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 3. As per the post mortem notes, the cause of death is Hemorrhagic shock due to intra abdominal hemorrhage due to 2 injuries to organs like liver, spleen, kidney (left) may be due to blunt trauma on abdomen. Viscera is preserved. Even though, no external injuries were shown in coloumn no.17, except some marks of scratches, number of internal injuries are mentioned in coloumn no. 21, which speaks about the contents of the abdomen as well as finding in respect of the injuries caused to the spleen, kidney, and other organs. Thus the fact is clear that the death of victim is not suicidal, but it is a homicidal death. 4. The applicants are close relatives as uncle and cousin brothers of complainant Rishikesh, hence there shall not be any mistaken identity of these applicants and the role played by them. As per the allegations in the complaint, as well as the statement of witnesses recorded, it appears that the alleged incident took place in the night of 19/02/2010, which is the result of family dispute between the applicants and complainant party over ancestral house property. As there was dispute over the partition of ancestral house property, on 19/02/2010, at about 9 to 9.30 a.m. earlier quarrel took place between these applicants and father of the complainant. In the night hours of 19/02/2010, these applicants came at the residence of complainant, where they assaulted father of the complainant with fist and kick blows and during that process, father of the complainant was thrown up and down on number of occasions. Due to this assault, father of the complainant became un-conscious. On hearing the shouts of complainant and his family members, neighbourers gathered there, who had also witnessed this incident. On seeing the 3 neighbourers approaching the spot, applicants fled away from the spot. In the same night, father of the complainant expired in the hospital. 5. Even though it is urged that there was no intention to commit the murder of father of the complainant by these applicants, as they were not armed with deadly weapons and no external injuries were found on the person of the victim, this Court is not in agreement on the simple count that the Penal Code nowhere defined that the act of murder must be with some weapon. Here it is not a case that the applicants gave blow on the abdomen and on the vital organs of the victim, but there are multiple blows on the victim. At the same time, the victim was thrown up in the air on number of times and due to that, he sustained grevious injuries inside the abdomen, which resulted in his death. Thus, there is direct nexus between the death of the victim and the role played by the applicants. The act committed by the applicants is punishable with life imprisonment or death. Considering this aspect, no case is made out even though the investigation is over and charge sheet is filed. Hence, application stands rejected. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2194-10