1 Cri.Appln.No.373/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.373/2011 (Bhurya Shama Bhill Vs. The State of Maharashtra) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. RA Tambe, Adv. for applicant; Mr.VH Dighe, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 9 th February, 2011. ... 1) Heard. 2) On 9.7.2010, the accused/applicant, allegedly on a trivial issue, assaulted his second wife, aged 35 years by a sickle and a log. The ghastly act was witnessed by his son – Raju, aged 8 years. The neighbours in the vicinity, who assembled, reported the matter, giving rise to registration of the offence - F.I.R.No.98/2010. 3) The accused, the husband, in spite of sad demise of his wife, made his presence scarce from 9.7.2010 to 3.9.2010. He was consequently, arrested on 3rd September, 2010 and is in custody. 4) Learned Counsel for applicant submits that belatedly statement of minor, 8 years old, is recorded. I quite see the 2 Cri.Appln.No.373/2011 position, however, considering the plight and the trauma, which the minor has undergone due to fate of his mother, having taken place in his presence, by none else than his father, the effect of such trauma was required to be diluted and consequently, the delay has taken place. However, that by itself will not mitigate the situation as first in time, the F.I.R. disclose source of information to the Police Patil from Raju, having seen the dead body of deceased in the room. The post mortem notes do correspond to the nature of weapon used in commission of offence. The weapons are seized immediately under a panchanama. Consequently, no case to release the applicant/accused on bail, application rejected. Observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE bdv/