(1) CRI.APP. 3875.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3875 OF 2010 IN CRIMINAL APPEAL NO. 310 OF 2010 WITH CRIMINAL APPEAL NO. 310 OF 2010 Mewa Zabra Zaware .. Applicant VERSUS The State of Maharashtra .. Respondent ... Mr. Gaurav L. Deshpande, Advocate for the Applicant Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 28TH OCTOBER, 2010 ORAL ORDER:- 1. Heard. 2. The Application is for suspension of the sentence. The sentence is of 10 years period for offences under section 304 Part I of the Indian Penal Code. The learned Advocate for the applicant submits that merits of the matter are required to be considered. The medical corroborative evidence is adduced before the Sessions Court. The prosecution case is that appellant used to ill-treat his wife i.e. Rajwantibai. Allegedly, the appellant used to return home in drunken condition and frequently had assaulted the wife. It is alleged that on 29.9.2009, (2) CRI.APP. 3875.2010+1 which was day of Dashera festival, the appellant returned home in the night time under drunken condition. He woke up the wife and threatened her that he would eliminate her. He assaulted her by means of fist blow and, therefore, she ran out of the house. The appellant picked up a crow bar and mounted assault on the wife but since he was in drunken condition and had whirled, the crowbar hit his mother in law i.e. Brindabai who had ran behind them. The appellant's case before the trial Court was that the mother in law came from behind and got hit by the electric pole outside the house. 3. At this juncture, the defence of the applicant cannot be considered as sufficient ground to grant him the bail when there is a finding of guilt against him. Therefore, the Application for suspension of sentence is rejected. The Appeal however, is expedited for final hearing and is scheduled for hearing on 29.11.2010. The appellant to file private paperbook in the meanwhile. Sd/- [V. R. KINGAONKAR, J.] arp