- (1.) Heard learned counsel for the applicants and learned A.G.A. Perused the record. Contention of the counsel is that this is an unfortunate incident in which a simple quarrel and incident of simple marpeet has resulted into the death of one person, though there was absolutely no intention to cause anybody's death. Submission is that the deceased has received only three injuries in which two are contusions while another is abrasion. The prosecution evidence does not specify as to who is the author of which injury and it is apparent from the perusal of the injuries that they cannot be said to have been caused with intention or motive to cause the death of the deceased. The other injuries received by other alleged victims are also simple in nature and all the injuries caused to the injured as well as the deceased are the result of blunt weapons. No sharp edged weapon has been used by any of the accused. Further, submission is that the circumstances of the case overwhelmingly indicate that it is not a case of homicide amounting to murder. It has been further submitted that two of the injuries received by the deceased are simple in nature while only one injury seems to have caused the internal damage but the same cannot be attributed to any specific accused.
(2.) Learned A.G.A. has opposed the prayer for bail and has submitted that all of the accused persons with common intention and object have participated in the occurrence causing injuries to several persons in which one of them succumbed and it is immaterial as to which of the accused was the author of the fatal injury caused to the deceased.
(3.) Having perused the record in the light of the rival submissions made at the bar and keeping in view the peculiar facts and circumstances of the case, this Court is of the view that the applicants have made out a case for bail.;