( 1 ) cria5074.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5074 OF 2010 Raju Kamuwel Shinde .. Applicant Age. 30 years, Occ. Agriculture, R/o. Ramnagar, Jalna, Tq. & Dist. Jalna. Versus State of Maharashtra .. Respondent Mr. Joydeep Chatterji, Advocate for the applicant. Mr. D.V. Tele, A.P.P. for the respondent/State. CORAM : V.R. KINGAONKAR,J. DATED : 16.12.2010 P.C. :- 1. This is an application for bail. 2. Heard learned advocate for the applicant and learned A.P.P. for the State. Perused investigation papers. The charge-sheet is filed after due investigation. The applicant came to be arrested on 15th October, 2009 i.e. about about 9 days after the alleged incident. The incident ( 2 ) cria5074.10 occurred on 6th October, 2009 in the evening time. It appears that in the same morning there took place quarrel between Baban Shinde and his brother on one side and deceased Damayanti on the other side. Baban Shinde and his brother wanted to raise construction of his house property. Deceased Damayanti objected to such construction. She urged them to leave space for access of the inhabitant who were residing in the backside of the house. That quarrel had ended after Damayanti fell down. It is alleged that in the same evening, around 5.30 p.m., wife of Balu Shinde and Balu Shinde together visited house of the daughter in law of Damayanti. They started giving abuses to Damayanti and her daughter-in- law. Thereafter, Damayanti and her daughter-in-law, by name, Chhayabai indulged in the quarrel with them. The applicant is said to have suddenly assaulted Damayanti from her behind by means of an axe. She fell down in injured condition and was rushed to the Civil Hospital. She died on 16.10.2009. 3. It appears prima facie that the applicant was not having any particular enmity with the deceased Damayanti. He is not owner of the house property, by which the Damayanti ( 3 ) cria5074.10 had picked up quarrel in the morning time. It appears that the applicant suddenly intervened and acted at the impulse when the quarrel was going on between women forks. The F.I.R. purports to show that the applicant dealt a single blow of axe on the head of Damayantibai from her behind. The medico-legal report forwarded by Dr. C.D. Mozes of Mission Hospital, Jalna, prima facie, shows that Damayantibai was admitted in Mission Hospital, Jalna, in unconscious stage. She died on 15.10.2009 at about 3.50 p.m. It appears from the post-mortem notes that the death of Damayantibai occurred due to cardio-respiratory failure, which was secondary to the head injury. She had to under to vasectomy. Probably due to the medical reasons, may be either due to loss of capacity to breath properly or some other prognosis, there was haematoma noticed on left parito-temporal region. The medical-legal opinion purports to show that the death was not direct result of any incised wound nor any incised wound was noticed. Therefore, it is more probable that the axe was not used from the side of its edge, but might have been used from the side of handle and backside of edge where there is heavy ring of iron fixing the edge to the handle. ( 4 ) cria5074.10 4. Having regard to the circumstances and record discussed here-in-above and in absence of any particular motive available to the applicant, it prima facie appears that the applicant suddenly assaulted deceased Damayantibai during the course of the incident of quarrel. There may not be intention to do away with her life. Hence, the applicant is entitled to seek bail. 5. In the result, the application is allowed. The applicant is directed to be released on bail on furnishing of bail bond in sum of Rs. 20,000/- (Rupees Twenty Thousand Only) with a solvent surety bond in like sum to the satisfaction of the Court of Sessions and on further condition that he shall not enter limits of village Bethlam during the period of pendency of the Trial and shall make no attempt to tamper with the prosecution evidence. [V.R. KINGAONKAR,J.] snk/2010/DEC10/cria5074.10