1608ba413.11.odt 1/5 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 413 OF 2011 Apparao Bahadurrao Ghuge :: APPLICANT -: Versus :- State of Maharashtra through P.S.O.,Washim :: RESPONDENT ........................................................... Mr. A. M. Ghare, Advocate for the applicant. Mr. N. R. Rode, A.P.P. for the respondent-State. ................................................................ CORAM : U. V. BAKRE, J. DATE OF RESERVING ORDER : 16TH AUGUST, 2011. DATE OF PRONOUNCEMENT OF ORDER : 20TH AUGUST, 2011 O R D E R This is an application filed, under Section 439 of the Code Of Criminal Procedure, by the applicant who was arrested on 7/2/2011 by Washim police in Crime No.47/2011 registered for offence punishable under Sections 498-A, 302 and 201 of the Indian Penal Code. 2. As per the first information report, on 7/2/2011 at about 8.30 p.m., the applicant assaulted his wife namely Mandabai with stone and caused her death on the ground that she had illicit relation with one Bhaskarrao Bhendekar and further on the ground that the father of the deceased did not give gold at the time of marriage. 1608ba413.11.odt 2/5 3. The applicant has alleged that he is a Government servant working with Irrigation Department as Canal Inspector and he is also having landed property at Washim and does not have any past criminal record. He has further stated that his marriage with deceased Manda took place 30 years back and they have one son and daughter and that the daughter is 22 years old, who is marriageable, whereas the son is 19 years old, who is taking education. He has stated that his father is 80 years old and is bedridden suffering from ailments. According to the applicant, his children and his father are dependent on him. He says that it is falsely alleged that he ill-treated his wife and that he has been falsely implicated in the case. 4. In the reply, the respondent has stated that there is evidence on record of the servant of the applicant and of the Auto-rickshaw driver, who had seen the accused and the deceased together in the morning hours of 7/2/2011, when the applicant brought the deceased to his residence by the said rickshaw. It is also stated in the reply that Sakhubai Ingole had seen the accused beating the deceased with fist and kick blows and she had tried to intervene. It is stated that the dead body was found in the residence of the accused. According to the respondent, therefore, there is prima-facie evidence against the applicant and he is not entitled to bail. 5. Heard arguments. Learned Advocate Shri Ghare argued on behalf of the applicant, whereas learned A.P.P. Shri Rode argued 1608ba413.11.odt 3/5 on behalf of the respondent-State. 6. Perused the case papers which have been made available to me by the learned A.P.P. 7. It is admitted fact that the marriage between the deceased and the applicant was solemnized about 30 years back and the applicant has two children aged about 22 years and 19 years, respectively. The question, however, is not only whether the applicant has committed the offence punishable under Section 498-A of I.P.C. The applicant has been charged with the offence of murder for which the proof of harassment/ill-treatment would lend support only as a motive and nothing else. 8. The post-mortem examination report reveals that the deceased had sustained about 6 external injuries and there are also fractures. The cause of death as opined by the Medical Officer is hypovolemic with neurogenic shock on account of head injury along with multiple fractures and multiple injuries all over the body. The death of the wife of the applicant, prima- facie, appears to be homicidal. 9. May be that 30 years have elapsed from the date of marriage of the applicant with the deceased, however, there is evidence of witnesses prima-facie to prove that the deceased was being ill-treated by the applicant. 1608ba413.11.odt 4/5 10. The statement of some witnesses reveals that dead body of the deceased was found in the house of the accused with several injuries. There is no plausible explanation from the applicant as to how his wife had sustained so many injuries and as to how she died. 11. The statement of Bhimrao Tidke reveals that on 7/2/2011 at about 10.00 p.m. the accused had brought his deceased wife at home and had lifted her dead body and kept the same on the cot. 12. The statement of Sakhubai Ingole reveals that on 7/2/2011 at about 4.30 p.m. she had seen the woman crying on the road and a person with a boy sitting on the motorcycle. Her statement further reveals that the said man caught hold of the said woman and assaulted her with fist and kick blows on her stomach. Sakhubai has stated that she intervened and requested the said man not to assault the woman after which the said man put the said woman and the boy on his motorcycle and he took them away. 13. On account of the above evidence which is on record, I am of the view that there is strong prima-facie evidence against the applicant to hold that he has committed the murder of his wife. 14. Considering the serious nature of the offence for which capital punishment is provided, although the charge-sheet has 1608ba413.11.odt 5/5 been filed, however, trial has not yet begun, this is not proper time for releasing the applicant on bail. In the result, the application is rejected. It is made clear that the observations, made in the order, are only for the purpose of deciding this application and the trial Court shall not be influenced by the same while deciding the matter. JUDGE wwl