1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2943 of 2009 Rama v. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr F.T. Mirza, Advocate for applicant Mr A. Parihar, APP for State Coram: A.P. Bhangale, J Dated : 7th September 2009 1. Heard learned counsel for the parties. Applicant is seeking bail in crime no. 17/09 registered with Police Station, Risod under Sections 302, 307 read with Section 34 of the Indian Penal Code. 2. Learned counsel for applicant contends that applicant is innocent and he is falsely implicated in the crime as he is brother of Police Patil and in fact, applicant was not at all available at the scene of offence. Without prejudice to this plea, learned counsel for applicant contends that there were other other accused also who were said to be armed with weapons and, therefore, definite role of killing deceased cannot be attributed to the applicant. 3. Learned Addl. Public Prosecutor, on the other hand, opposed the application. He contends that there is recovery of weapon and statements of eye witnesses are available on record. 2 4. In the course of statements of eye witnesses viz. Shivkumar, Sandeep, Santosh, Mathurabai (wife of deceased), Pushpa, Durga etc. have been recorded. They unequivocally state that it was applicant who made assault on the neck of deceased by means of axe. Axe, weapon of offence, has been recovered at the instance of applicant. Post-mortem notes are also produced before me for perusal. In column no. 17 of pm report, major vessel injury to neck is noted and cause of death is opined to be shock due to injury to major vessels. 5. Reading statements of eye witnesses and material collected during the course of investigation, fatal injury is attributed to the applicant. Involvement of applicant in the crime is prima facie established at this stage. Plea of alibi can be taken up on merits of trial. Application is rejected. However, learned trial Judge is expected to dispose of sessions case at the earliest. Judge. hsj