1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2079 OF 2009 Meghraj s/o Shivraj Thergave (Swami) - APPLICANT VERSUS The State of Maharashtra - RESPONDENT ***** Mrs.Sadhana S.Jadhav Advocate for Applicant; Mr.K.M.Suryawanshi, APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 22nd July, 2009. PER COURT : . Heard learned Counsel for the applicant/accused. 2) Nirmala, the deceased, married to accused Meghraj in the year 2006. The parents alleged that she was suffering mental torture for fulfilling demand of dowry items. On 5th September, 2008, in the matrimonial home, Nirmala was found unconscious and she was declared dead. According to the applicant/accused, her parents were informed immediately. A.D.No.29/2008 was 2 registered and her parents at that stage did not castigate husband/accused Meghraj. The post- mortem on the dead body of Nirmala was carried. The medical Officer found, and as recorded in Column nos. 17 and 19, that there were injuries on left front parietal region. Haematoma was measuring 8 cms; 6 cms; and 4 cms. There was linear fracture of left front parietal region; the brain was found congested. 3) The next point, rather new point, advanced by the Counsel is, the report issued by the Department of Pathology, Government Medical College, Latur, concerning the deceased Nirmala (Kirtana), demonstrate that on gross examination of the liver, spleen, kidney and also microscopic examination of above organs, an impression is reported that all organs show autolytic changes. The Medical Officer has recorded - “No opinion possible”. The Counsel informs, the report having indicating `autolysis’ means, the action of cells destroying themselves with their own enzymes, and hence, according to her, homicidal 3 death is ruled out. 4) The assertion of the counsel about the autopsy report and reaching out the homicidal death, at this stage, is difficult to be commended as it is the evidence of Medical Officer during trial, which will have its vital impact as to what is the nature of autopsy report vis-a-vis post mortem notes and the point urged by the Counsel. 5) The fact remains, the accusations against the applicant/accused are under Sections 498A, 302, 323 IPC. There were head injuries. The death has caused in the matrimonial house. I quite see that the accused is in custody since over nearly a period of one year, he has been sent to Magisterial custody from 24.9.2008, charge-sheet is filed on 7th November, 2008. The learned Additional Sessions Judge on 13.2.2009 rejected bail application of the present applicant/accused observing that early hearing of the Sessions Trial would be taken up. Taking this fact into consideration, the learned Judge, 4 having made up his mind to proceed with the matter, and particularly the applicant/accused is in custody, he will naturally make endeavour to dispose of the Sessions Case arising out of CR No.83/2008 of Shirur Anantpal Police Station, within a period of six months. 6) Application rejected. ( K.U.CHANDIWAL ) JUDGE bdv/cran2079.09