1 Criminal Application No.696/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.696 OF 2011 Laxman s/o Babarao Warkad ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri G.R. Selukar, Advocate for the applicant Shri K.M. Suryawanshi, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 28th February, 2011 PER COURT : 1. Deceased Narayan Mathe was brother-in-law of the accused/ applicant Laxman having very meager property of around 3 acres in the name of his son Angad. Deceased wanted to marry as he had lost his wife. Deceased was virtually wandering in the village at the mercy of the villagers without shelter, sleeping at available places including corridor of the Bank or Grampanchayat. Three days prior to the incident, deceased met his another son, the complainant, informed his intention to get married and for that purpose, to effect mutation of half of the area from his share. These aspects were known in the village and particularly to the accused/ applicant Laxman. The accused/ applicant Laxman allegedly felt such sale by the deceased would eliminate all his chances of 2 Criminal Application No.696/2011 procuring the property either of Narayan or Angad at a meager price. He hatched a plan of eliminating the brother-in-law Narayan, two persons named in the statement found with the blood soaked knives were taken in custody. Vishvanath Sakhare and Gangadhar Raundle are named by the witnesses and particularly the eye witnesses. 2. Learned counsel for the accused/ applicant Laxman submits, there is no role against accused, none of the witness and particularly the eye witness has pointed him. Nothing is recovered from him, no case of getting the land mutated as the land was already mutated in the name of deceased on 6.10.2010. 3. It is not as simple as has been argued about innocuous character of Laxman, the applicant. He is the mentor in the matter, a conspirator to do away his brother-in-law Narayan. The arrested persons named Laxman having engaged them to batter Narayan. Law contemplates, where there is reasonable ground to believe that two or more persons have conspired together to commit an offence, anything said and done or written by anyone of such persons in reference to their common intention after the time when such instance was first entertained by anyone of them, is a relevant fact against each of the persons believed to be so conspirating as well 3 Criminal Application No.696/2011 for the purpose of proof to the existence of the conspiracy as for the purpose of showing that any such person was a party to it. The two arrested persons are contract killers, hired for payment of Rs. 50,000/- each. They have, pursuant to such contract, eliminated Narayan. Tukaram Rama Sakhare has immediately informed the events to Baban and Vithu of the same village. Said Tukaram had suffered blood stains splash on his apparels. Considering these aspects of the matter, even if the counsel submits that there was a mutation already effect, which from the said circumstances appears to be not in tune as it was only a certification, however, for that purpose the accused/ applicant need not be released on bail. Application lacks merits, dismissed. Observations are prima facie in nature. K.U. CHANDIWAL JUDGE fmp/cri696.11