..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2687 OF 2008 1. Dahyabhai Morarbhai Ahir, 2. Dinesh Dahyabhai Ahir. ..Applicants. Versus Versus Versus The Administration of U.T.of Dadra & Nagar Haveli at Silvassa and Anr. ..Respondents. .... Mr.C.M.Kothari, Adv. for the applicants. Mr.D.A.Nalawade, APP, for respondent No.1 Mr.K.V.Saste, APP, for Respondent No.2-State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 27th August, 2008. DATED : 27th August, 2008. DATED : 27th August, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.100 of 2008 of Silvassa police station. The said case is mainly under Section 302 of IPC. 3. The statements of witnesses show that ..(2).. applicant No.1 assaulted deceased Premabhai on the head and shoulder and applicant No.2 assaulted the deceased Premabhai with iron rod. After the assault, Premabhai was taken to hospital. His statement came to be recorded. In the said statement also he has named both the applicants and stated the role played by them. Initially the case was registered under Section 323 of IPC. Premabhai died 24 hours after the incident. Hence the case was converted into 302 of IPC. Looking to the fact that applicant No.2 assaulted the deceased with iron rod on leg after the applicant No.1 assaulted the deceased on head and shoulder with wooden stick, it is clear that applicant No.2 shared the common intention of applicant No.1. 4. I have perused the post-mortem notes. The post-mortem notes show that the deceased sustained 12 injuries on his body. There are seven fractures including multiple fractures of the parietal bone, fracture of the temporal bone and fracture of the clavicle. Looking to the injuries which are reflected in the post-mortem notes, it cannot be said to be a case under Section 323 IPC ..(3).. and the case would fall under Section 302 of IPC. Looking to the role played by the applicants, I am not inclined to grant bail to the applicants. Application for bail is rejected. Trial expedited. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)