IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 439/2009 ( Mohd. Sadique s/o Mohd. Rafique vs. State of Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 2 nd May , 2009 Heard Shri A.J.Shaikh, Advocate, for the applicant and Shri Mandpe, APP, for respondent State. Learned counsel for the applicant has submitted that the applicant had received information about the burning of the deceased and therefore, at the relevant time he went from his shop to the house and noticed the deceased in a burnt state. He has also pointed out that he has lodged the report to the police station about the incident. The P.M. report, however,shows that the deceased was first strangulated and after her death, her dead body was set on fire. It is clearly opined by the Medical Officer that the injury of strangulation was ante mortem, whereas the burn injuries were post death. In these circumstances and more so because the learned trial Judge has observed that the charge has already been framed in this case and the matter is likely to be fixed for recording evidence, as long back as on 18th November, 2008, this application can not be granted. The same is rejected. However, with a liberty to move afresh if the trial is not completed within three months. Learned trial Judge is directed to expedite the hearing of the trial. Application disposed of. JUDGE Rvjalit