1 Cri.A.2198.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2198 OF 2011 1. Govind S/o Nivarti Suryawanshi Age: 40 Years, Occup.: Agril., 2. Kishan S/o Maroti Shelke, Age: 45 years, Occup.: Agril., 3. Uttam S/o Nagorao Shelke, Age : 40 Years, Occup.:Agril. All R/o Ambulga (Bk), Tq. Nilanga, District Latur. ...APPLICANTS. VERSUS The State of Maharashtra, ...RESPONDENTS. ... Shri.R.N.Dhorde,Advocate for Applicants. Shri.B.J.Sonwane,, A.P.P. for Respondents. ... CORAM: T.V.NALAWADE, J. DATE : 7th JUNE, 2011. PER COURT : 1. This application is filed for bail, in Crime No. 02 of 2011, registered with Aurad Shahajani Police Station, District Latur, for the offence 2 Cri.A.2198.11 punishable under sections 302, 324, 326, 327 read with section 34 of the Indian Penal Code. 2. The Investigation papers are made available by the APP. Both sides are heard. The evidence collected by the Police shows that the incident took place on 23.02.2011 in the evening. All three applicants and deceased took liquor on that day and they were present near the house of witness Rukhminibai, where quarrel started with complainant. In the incident, accused used stones and knife as weapons and assaulted the deceased. The stone was hit on the head and other parts of the body of the deceased. The record shows that incident was witnessed by the witnesses Rukhminibai and Datta. The witness Datta owns cattle shed near the spot of the offence. On the day of incident, widow of the deceased had seen the applicants in the company of the deceased. The report was given by Panurang Sitaram Rohine in the hospital. On the basis of the report, initially, the offence was registered under sections 324, 323, 504, 506 read with section 34 of the Indian Penal Code. Pandurang Sitaram Rohine died on 04.02.2011, and so this report can be used as dying declaration. Postmortem report shows that there was fracture to skull, contusion was found on the brain and one incised wound was found on the leg. Thus, there is corroboration of medical evidence to the dying declaration and direct evidence. There is a 3 Cri.A.2198.11 prima facie case for the offence punishable under section 302 read with 34 of the Indian Penal Code. The applicants-accused, and the witnesses are also from the same village. There is possibility of tampering the evidence. In view of these circumstances, bail cannot be granted to the applicants. The application stands rejected. Sd/- [ T.V.NALAWADE, J.] MTK