GPN-J.332-ARCHB-8.94-1310500-ALA4 Spl-H.C.A.S.C.D.79e FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.2858 OF 2008 CRIMINAL APPLICATION NO.2858 OF 2008 CRIMINAL APPLICATION NO.2858 OF 2008 ------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or Judge’s orders orders or directions and Registrar’s orders. ----------------------------------------------------------- Mr. V.V.Purwant for the Applicant Mr. J.P. Yagnik, APP for Respondent CORAM : R.M. BORDE, J. CORAM : R.M. BORDE, J. CORAM : R.M. BORDE, J. DATED : 5TH SEPTEMBER, 2008 DATED : 5TH SEPTEMBER, 2008 DATED : 5TH SEPTEMBER, 2008 P.C. P.C. P.C. . Perused the F.I.R. The accused-applicant is arrested in crime registered at Akkalkot South Police Station vide C.R. No.37 of 2008 in pursuance of the FIR lodged by one Laxmibai Arjun Baerute for the offence punishable under Section 302 of the I.P.C. The accused-applicant is the husband of the deceased Padmabai. The marriage was solemnised some twelve years back. It is disclosed from the report that on the relevant date the body of the deceased Padmabai was found in front of the farm house. It further appears that the accused and the deceased Padmabai were present at the residence during the relevant period. The burden heavily lies on the shoulders of husband for explaining the circumstance as regards the occurrence of death. Apart from this, it has been stated that the weapon of assault has been seized upon a disclosure made by the accused-applicant. Prima facie I do not feel that the application tendered by the accused-applicant needs to be considered favourably. The Application, therefore, stands rejected. The observations made in the order are of prima facie nature and the trial Court would not be influenced by them while considering the case of the accused applicant on merits at the trial. (R.M.BORDE, J.) (R.M.BORDE, J.) (R.M.BORDE, J.)