1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2577/2009. Arjun s/o Posalya Gavit - APPLICANT VERSUS The State of Maharashtra - RESPONDENT ***** Mr.Vivek M.Lomte, Advocate for Applicant; Mr.K.M.Suryawanshi, APP for Respondent/State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 21st August, 2009. PER COURT : 1) Heard learned Counsel extensively. 2) On 7.12.2008, in an unfortunate incident, the accused/applicant, the husband, allegedly in a quarrel with his wife - Isubai, injured her and done to death. The matter was reported by 17 years’ old son to the police, indicting his father as to how the events successively took place. The Counsel informs, the other close relations have not witnessed the 2 events. There is no eye-witness. The affidavit of the complainant lodged before the learned Additional Sessions Judge, Nandurbar, needs consideration as he informs on 25th June, 2009 that under pressure from his maternal grant parents he is forced to report against his father. 3) At this stage of the matter, prima facie the post mortem notes rebel against the contention of suicide by the deceased. The strangulation and the injury to the neck of the deceased expose to the role of the applicant/accused, the husband, who was nursing vengeance on fidelity of his wife. The husband and wife were alone in the room at the material time, may be consuming, but that by itself will not be a license, either for the husband or anybody else to commit brutality in diabolic manner. The contention that there were no eye- witnesses, in the fact situation even if accepted, the circumstances at the scene of occurrence again display that a show was tried to 3 be created of the victim committing suicide though the noose of the rope was barely at the distance of 2 ft. from the dead body, which rule out the possibility of self-strangulation. 4) In the result, the application is rejected. The observations are prima facie in nature. ( K.U.CHANDIWAL ) JUDGE bdv/cran2577.09