VAIBHAV RAOSAHEB KAMBLE AND ANOTHER v. THE STATE OF MAHARASHTRA
Case Details
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 11 ANTICIPATORY BAIL APPLICATION NO.400 OF 2022 VAIBHAV RAOSAHEB KAMBLE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA ... Advocate for Applicants : Mr. Amey Sabnis h/f Mr. Murge Estling S. APP for Respondent-State : Ms. Vaishali Patil Jadhav ... CORAM : SMT.VIBHA KANKANWADI, J. DATE : 11-04-2022 ORDER : 1. The applicants are apprehending their arrest in connection with Crime No.15 of 2022, registered with Dhoki Police Station, District Osmanabad, for the offence punishable under Section 306, 324, 323, 504 r.w.34 of IPC. 2.
Legal Reasoning
due to hanging. Therefore, there is prima facie evidence to show that the deceased had committed suicide. However, in order to attract the provisions of Section 306 of IPC, other factors are also required to be considered as to whether that suicide was abetted by the present applicants. Statements of witnesses have been recorded. Haribhau and Rohidas are the son of deceased. Both of them had arrived after the informant and his cousin sister had given the phone call. Both of them have made inquiry with sister Chaya, and therefore, it is to be noted that whatever they have stated, is on the basis of the information supplied to them by witness Chaya. 4 ABA 400-2022 Witness Chaya who is the daughter of the deceased states that she was present in the house at about 01.00 p.m. on 10-01-2022 and her father was also in the house. Both the applicants went and assaulted deceased Kerba and when Chaya asked them as to what has happened, then applicant No.1 told her that when they were not present why Kerba had gone to his wife. She further states that at that time the father went inside the house and latched the door. Her daughter then gave call to the informant and then the others came. They went to the house of the deceased, tried to open the door, however, it was latched, and therefore, it was open (the witness appears to say that it was forcibly opened) and found that the deceased has hanged himself. If we consider the spot panchanama, then it does not give a separate house of the deceased and house of daughter Chaya, still she says that when she was at home, the father was also at home and then thereafter she refers that father went to his house. The words those are used are, “eh ?kjh vlrkauk ek>s oMhy ?kjhp gksrs------- R;kosGh ek>s oMhy gs Hkhrhus ?kjkr xsys o vkrwu njoktk can d#u ?ksryk------ vkEgh oMhykps ?kjkdMs tkowu oMhykauk vkokt nsowu ?kj m?kM.;kl lkafxrys.” This difference in the houses can also be seen from the statements of the witnesses also giving a picture that deceased was 5 ABA 400-2022 staying separately from all those persons. Be that it may, the contents of the spot panchanama would show that no stool or any such article which could be used in hanging himself was found in the room in which the dead body was placed. No doubt, stones have been recovered as well as the piece of cloth of turban has also been recovered. 5. Even if for the sake of arguments it is accepted that the applicants had abused or assaulted and then pelted stones on the house of the deceased or house of Chaya, yet whether this act amounts to abetment, is a question. Another angle that is required to be taken into consideration is that as per the statement made by applicant No.1 to the witnesses, the deceased had gone to the house of applicant No.1 when he was not present and only his wife was present, that angel might be with applicant No.1 and applicant No.2 is his father. The assault on that count is tried to be connected. But, whether further act that the deceased would go inside the house and commit suicide would have been contemplated or imagined by the applicants, and therefore, when there is doubt as to whether really the ingredients of the offence have been made out or not, then in that case the applicants deserve to be protected under Section 438 of Cr.P.C. Hence, the order. 6 ABA 400-2022
Arguments
Heard learned Advocate Mr. Amey Sabnis holding for Mr. Murge Estling S. for applicants and learned APP Ms. Vaishali Patil Jadhav for respondent-State. In order to cut short, it is stated that both of them have made submissions in support of their respective contentions. 3. Perusal of the FIR would show that it has been lodged by the grandson of the deceased. Deceased Kerba Mane was 80 years old person. Informant Somnath has stated that at about 1.00 pm. He 2 ABA 400-2022 received phone all from his cousin sister on 10-01-2022 that the grandfather is being assaulted and abused by the applicants and she called him, and therefore, he went to the place where grandfather was staying. He then went to the house of his paternal aunt Chaya and asked her as to whether grandfather has arrived. She told that due to the fear of assault by present applicants, the grandfather has latched himself in the house. He states that still the present applicants were pelting stones on the door. In the meantime, the father of the informant and uncle arrived. All the three persons then asked the present applicants as to why they had assaulted the grandfather, then applicant No.1 told that the deceased had gone to his house when he was not present and only his wife was inside the house, and therefore, he had assaulted the deceased with stones and hand. He then told that they should do whatever they want. Thereafter, the door of the house of the grandfather was tried to be opened, but I was latched from inside. They opened the door and found that the grandfather has committed suicide by hanging with the help of his cloth of he turban put on the iron rod of the roof. He was taken down but till that moment the grandfather had expired. 4. It appear from the police papers that the police were informed 3 ABA 400-2022 the incident at around 16.04 hours and the station diary entry was taken. Thereafter, the inquest panchanama as well as spot panchanama were prepared and the dead body was sent for post mortem. The post mortem has been conducted between 06.25 p.m. to 07.45 p.m. Column No.17 gives three injuries, one is contusion of size 9 cm x 4 cm x subcutaneous tissue deep red to brown in colour age not more than 12 hours, second is, abrasion on left forehead, left nostril, and the third is, ligature mark present in the form of pressure abrasion over the neck at the level of thyroid cartilage directed obliquely upward incompletely encircling neck, and therefore, the probable cause of death that has been given is death
Decision
ORDER Application is hereby allowed. In the event of the arrest of the applicants No.1 1) 2) Vaibhav s/o Raosaheb Kamble and No.2 Raosaheb s/o Satwa Kamble, in connection with Crime No.15 of 2022, registered with Dhoki Police Station, District Osmanabad, for the offence punishable under Section 306, 324, 323, 504 r.w.34 of IPC, they be released on P.R.Bond of Rs.30,000/- each with two solvent sureties of Rs.15,000/- each. 3) Applicants shall not tamper with the evidence of the prosecution in any manner. 4) They shall attend the police station on every Wednesday and Saturday in between 10.00 a.m. to 02.00 p.m. till filing of the charge-sheet. 5) Above observations made by this Court are for the sake of deciding the present application only, the Trial Court should not get influenced by the same, but to arrive at its own conclusion after taking into consideration the evidence. (SMT. VIBHA KANKANWADI) JUDGE vjg/-.