IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CR.APPLN/5340/2010 SOMNATH DEORAO GAJRE V/S THE STATE OF MAHARASHTRA AND ANR ... Shri H.F.Pawar, Advocate for the applicant and Shri K.G.Patil, APP for respondents. ... CORAM : P.V.HARDAS & A.V.POTDAR, JJ. Dated : February 10, 2011 PER COURT :- 1. This is an application by the applicant for suspension of the substantive sentence of imprisonment and his enlargement on bail during pendency and decision of the appeal. 2. The applicant stands convicted for an offence punishable under Section 302 of the Indian Penal Code on the allegation that the applicant had dealt a kick on the abdomen of his wife Shashikala, which resulted in the rupture of her intestine, due to which, ultimately, she succumbed. The trial Court has disbelieved the defence of the applicant that the deceased has sustained injuries on account of her fall from the steps of the platform leading to the house. 3. Shri Pawar, learned counsel for the applicant has urged before us that the offence, at the most, which would be made out against the present appellant is one punishable under Section 304-II of the Indian Penal Code. According to us, the aforesaid submission pertains to re-appreciation of the evidence which cannot be done at this stage. Suffice it to say that the trial Court has rejected the defence of the accused and held that the accused has voluntarily caused an injury to deceased Shashikala, which was sufficient in ordinary course of nature to cause her death. In that light of the matter, we do not see any merit in the application and the application deserves to be dismissed. We, however, expedite the hearing of the appeal and accordingly permit the applicant to file private paper book. The private paper book, if any, be filed within four weeks from today. The appeal be set down for hearing after the private paper book is filed. (A.V.POTDAR,J.) (P.V.HARDAS,J.) ... akl