1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH NAGPUR Criminal Application No. 2724/2006 in Criminal Appeal No. 14/2006 -------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. ---------------------------------------------------------------------------------------------------- CORAM : D.S. Zoting & A.P.Lavande, JJ . DATED : 17th August 2006 Heard Mr. Daga, Advocate for the applicant and Mr. Sonak, learned Additional Public Prosecutor on behalf of respondent- State. The applicant has moved this application under section 389 of the Code of Criminal Procedure for suspension of sentence and for grant of bail. He has been convicted and sentenced for the offence punishable under Section 302 of the Indian Penal Code to undergo imprisonment for life and to pay fine. The appeal preferred by the applicant has been admitted. The conviction is based on evidence given by Jijabai (PW 12) the wife of the deceased and the circumstantial evidence. It has come in the 2 evidence of Pramod (PW 2) that he saw dead body of deceased Ashok lying in the varandah of house of the accused and also his wife Jijabai (PW12) lying in an injured condition in the courtyard of the accused. One stone weighing about 6 kgs stained with blood was also found on the spot. It has also come in his evidence that full-pant was recovered in consequences of the information given by the accused and the said full-pant was seized having blood. C.A. report shows that the said blood stains are of “O” blood group and the blood group of deceased was also of “O” group. The applicant has not explained both the circumstances and the defence of alibi taken by him could not be proved. Apart from it, there is direct evidence of Jijabai (PW 12)against accused. It is to be noted that she lost power of the speech on seeing assault on the deceased. Therefore, she could tell before the Court by gestures and signs. Vibha Ballal (PW 11) Head Mistress working in Vasantrao Naik Andh, Muk, Badhir Vidhyalaya 3 Yavatmal is expert to interpret the evidence given by Jijabai (PW 12). As per the said evidence, the deceased was the husband of Jijabai (PW 12) and accused assaulted him. Having regard to all this evidence, we find that the trial Court is, prima facie, justified in relying on the evidence while convicting the accused. Under such circumstances, no case is made out for suspension of sentence and for grant of bail. Application is rejected. Before parting with this order, it is to be noted that the applicant at para 4 of this application has stated that he is not keeping good health in prison and is suffering from Epilepsy and he requires specialised treatment. In this regard, the applicant is at liberty to make separate application. JUDGE JUDGE A.