1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.2182/2008 In Criminal Appeal No.182/2008 [Rajesh Mahadeo Pakhare .vrs. State of Maharashtra] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. V.A. Kothale, Advocate for the appellant, Mr. D.M. Kale, APP for the respondent/State. .......... CORAM : K.J. ROHEE AND A.P. BHANGALE, JJ DATED : 1 st SEPTEMBER, 2008 1. Heard the learned counsel for the appellant and the learned APP for the respondents/State.. 2. It is alleged by the prosecution that there was dispute in respect of the compound wall between Mahadeo s/o Punjaji Pakhare (accused no.2) and Abarao s/o Bhaurao Vighe (PW 3). On 7.6.2006 at about 6.00 PM accused no.1 Rajesh entered the house of Abarao and assaulted PW 2 2 Vaishali (the wife of PW 1 Subhash Vighe) with a spear like weapon on her leg. It is further alleged that accused no.1 Rajesh also assaulted Jyoti (the wife of PW 3 Abarao Vighe) on her stomach. With the result, she sustained injuries and died. This assault was seen by PW 4 Swapnali (the daughter of deceased Jyoti). Swapnali has narrated the assault on her mother Jyoti. This is corroborated by PW5 Ramdas Vitthalrao Vighe (the servant of Abarao). Though there appears some confusion about the exact description of the weapon alleged to have been used by accused no.1 Rajesh, one thing appears to be certain from the evidence that accused no.1 Rajesh assaulted Vaishali and Jyoti and that the said assault resulted in the death of Jyoti. Thus, there is strong prima facie case in support of the conviction of accused no.1 Rajesh. Hence, we are not inclined to release him on bail. The application is, therefore, rejected. JUDGE JUDGE Gulande