1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRI. APPLICATION (APPA) NO.459 OF 2011 IN CRIMINAL APPEAL NO.351 of 2010 (Bhimrao s/o Suryabhan Surpam ..vs.. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Trupti Udeshi, Advocate (appointed) for the applicant-appellant, Shri N.S. Khubalkar, A.P.P. for the respondent-State. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : 28-07- 2011 . Heard learned Advocate (appointed) for the applicant-original accused and learned A.P.P. for the respondent-State. 2. The applicant has been convicted under Sections 302 and 452 of the Indian Penal Code for entering the house of Bhaurao and causing death with a sharp edged weapon. The applicant is now seeking bail. 3. There are three incised wounds on the chest of Bhaurao. P.W.1-Anjanabai, who is the sister of Bhaurao, has stated that Bhaurao was residing with her at village Nanza. There was some dispute between her brother Bhaurao and the accused. The accused used to suspect that Bhaurao had committed black magic on the wife of the accused. On 04-1-2008, a little before 11-00 a.m., the accused had assaulted Bhaurao. Bhaurao came home and told Anjanabai that he was assaulted by the accused. In the afternoon at about 1-00 p.m. when Anjanabai and Bhaurao were in the 2 house, suddenly the accused entered the house of Anjanabai armed with a knife. Accused inflicted 2-3 blows of knife on the chest of Bhaurao. As a result, Bhaurao died on the spot itself. P.W.1-Anjanabai is the eye witness to the incident. 4. Looking to the evidence on record, we do not think it is a fit case to grant bail to the applicant. Application is, therefore, rejected. However, hearing of the appeal is expedited. JUDGE JUDGE pma