cra480.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.480 OF 2011 IN CRIMINAL APPEAL NO.63 OF 2011 Rajendra Pandurang Sonawane, Age-36 years, R/o-Koral, Tq-Akkalkuwa, Dist-Nandurbar. (Applicant is at present in jail). ...APPLICANT. VERSUS 1) The State of Maharashtra. ...RESPONDENTS. ... Shri. V.R. Dhorde Advocate for the Applicant (appointed) . Smt. R.K. Ladda, A.P.P. for Respondent. ... CORAM: NARESH H. PATIL AND A.V. POTDAR, JJ. DATE : 17TH MARCH, 2011. cra480.11 2 PER COURT : 1. Heard learned counsel appearing for the respective parties. 2. The Applicant prayed for releasing him on bail pending hearing and final decision of Appeal. The Applicant was convicted in Sessions Case No.9 of 2009 by Additional Sessions Judge, Shahada for an offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.500/- and in default, to suffer rigorous imprisonment for six months. 3. The prosecution case is that on 17th November, 2008, Applicant assaulted his wife Sumanbai with help of a bamboo stick and sickle, due to which she succumbed to injuries and died. The children of Applicant, at that time, were in the house. PW-6 Mamta, daughter of Applicant, who cra480.11 3 deposed before the Court in respect of incident, was 12 years old at the time of deposing before the Court. The defence of Applicant is of total denial. The prosecution examined PW-6 Mamta, PW-1 father in law of Applicant and other witnesses. 4. The deceased Sumanbai suffered as many as 16 injuries on her person. PW-5 Dr. Mahesh More, who conducted autopsy on the person of the deceased, noticed these injuries. In his evidence, Dr. More had narrated the injuries suffered by the deceased Sumanbai, externally and internally. In postmortem report, medical officer opined that Sumanbai died due to “acute cardio-respiratory arrest due to shock due to head injury”. 5. Shri. Dhorde, learned counsel appearing for Applicant submitted that witnesses who had deposed against Applicant, are interested witnesses. Sole testimony of daughter of Applicant, namely PW-6 Mamta, cannot be relied cra480.11 4 upon in absence of any reliable corroboration from independent witness. According to counsel, prosecution has failed to establish case against Applicant beyond reasonable doubt. Inspite of availability of witnesses in neighbourhood, prosecution chose not to examine any independent witnesses. The related witnesses were tutored to speak against Applicant. The learned counsel submits that there is absolutely no evidence to show that Applicant had committed murder of his wife. 6. The learned A.P.P. submitted that Applicant has failed to explain the circumstances resulting death of his wife. It was necessary for Applicant to explain the same as the family was living together. The learned A.P.P. further submitted that even otherwise the State has established the case beyond reasonable doubt. Evidence of PW-6 Mamta is reliable and convincing. cra480.11 5 7. We have perused original record and proceedings for the purposes of consideration of the bail Application. We find that deceased was mercilessly assaulted, who suffered as many as 16 injuries. The Medical Officer opined that death was caused due to “acute cardio-respiratory arrest due to shock due to head injury”. The injuries were inflicted on the vital parts of body of deceased. The Applicant, in his statement recorded under Section 313 of the Code of Criminal Procedure, preferred not to explain anything on the circumstances in which death of Sumanbai was resulted. At this stage, re-appreciation of evidence, more precisely, evidence of PW-6 Mamta, is not necessary. Prima facie, considering evidence in its entirety and the facts and circumstances of the case, we are not inclined to release Applicant on bail. The Applicant was in jail during trial. The Application stands rejected. cra480.11 6 8. The Secretary, High Court Legal Services Sub Committee, Aurangabad is directed to pay fees of the appointed counsel, as per rules. [A.V. POTDAR,J.] [NARESH H. PATIL,J.] asb/MAR11/cra480.11