1 CRI.APPLN.NO.141/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.141/2011 (Ashruba s/o Uttam Mali Vs. The State of Maharashtra) with CRIMINAL APPLICATION NO.405/2011 ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- .Mr.VD Kadam, Adv. for applicant; Mr. VH Dighe, APP for State. Mr.SS Thombre, Adv. for Complainant. *** CORAM : K.U.CHANDIWAL ,J. DATE : 31 st January, 2011. ... 1) Heard. 2) By Criminal Application No.405/2011, complainant Kesharbai – has requested to allow to intervene and assist the APP. Nature of accusations calls for such intervention and assistance to APP. Application allowed and complainant is permitted to assist the APP. 3) Heard. 4) The applicant/accused, in custody from 15.9.2010, for an offence under sections 392, 302, 120(B) r/w 34 of IPC, in Crime No. 133/2010, registered at Beed Rural police station, seeks release on bail. 5) The Counsel for applicant/accused submits, charge sheet is filed, statement of Vishwambhar Sonaji Mhetre (page 25 of paper book) refers that accused was performing his activities with said Vishwambhar on 11.09.2010 or on 12.09.2010. However, though said Vishwambhar says, having seen the applicant/accused, it was on 13.09.2010. Consequently, according 2 CRI.APPLN.NO.141/2011 to the counsel, there is no eye-witness to the events and statement of Vishwambhar Mhetre lean to indicate alibi. 6) The golden ornaments belonging to the deceased, which are portrayed by his wife are seized at the instance of the applicant/accused. The applicant/accused carried the deceased under the pretext of settling the controversy in respect of sale of she-buffaloe, which, for the benefit of the accused, the deceased Babasaheb, had carried. The record illustrate, she- – buffaloe, which was sold at the intervention of Babasaheb, did not belong to applicant, but it was stolen and consequently, brunt was faced by Babasaheb by making remittance to the purchaser of the she-buffaloe. Persistent demand from Babasaheb enraged the feelings of the applicant/accused, resultantly, he carried the deceased to a Dhaba and strangulated him, removed his ornaments by assaulting him. The post mortem notes illustrate strangulation, the deceased having suffered injuries. The dead-body was thrown and resultantly there was a foul smelling to the dead body. 7) Statement of Vishwambhar Mhetre, indicated above, at this stage will not come to rescue of the applicant/accused. Primarily overwhelming evidence connect the applicant/accused with the ghastly assault and elimination of the deceased. The deceased was assaulted with a concert to eliminate him. 8) Taking survey of facts, the application is sans merit, dismissed. The observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE bdv/