1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.1017/2008 In Criminal Appeal No.127/2008 [Bablu @ Sandip Shrivastava .vrs. The 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. P.S. Tiwari, Advocate with Mr. S.D. Chopde, Advocate for the appellant, Mr. J.B. Jaiswal, APP for the respondent/State. .......... CORAM : K.J. ROHEE AND B.P. DHARMADHIKARI, JJ DATED : AUGUST 7, 2008 1. Heard the learned counsel for the appellant and the learned APP for the respondent/State. 2. The appellant was prosecuted for the offence punishable under sections 302, 304-B, 498-A and 201 r/w Section 34 of the Indian Penal Code along with his younger brother and mother. His younger brother and mother were acquitted of all the charges, whereas the appellant was 2 convicted for the offence punishable under section 304 Part II and 201 of the Indian Penal Code. The appellant has challenged the said conviction and sentence. 3. The allegations of the prosecution are that since after the marriage of the appellant with Nilam, he was demanding dowry to her parents though they had paid sumptuous dowry at the time of marriage. On 10.11.2005 the father of deceased Nilam received a telephonic call from the brother of the appellant that Nilam committed suicide. 4. The evidence of PW 3 Shobha Raut, who was the maid servant, shows that in the evening there was hot exchange of words between the appellant and Nilam on account of Nilam eating custard-apple though she was pregnant. Nothing happened at that time and it was during night that Nilam died. 5. The medical evidence shows that the probable cause of death was asphyxia following strangulation. It was also found that the face was congested and saliva had not escaped from the mouth. There was no mark of knot of Saree on neck. The Medical Officer, who conducted autopsy, 3 specifically refuted the suggestion about possibility of suicidal death looking to the finding in postmortem note (Exh.81). 6. On going through the judgment, we do not find any circumstances leading to the conclusion that the murder of Nilam took place in grave and sudden provocation at the spur of moment so as to bring down the case prima facie under section 304-II of the Indian Penal Code. We are, therefore, not inclined to release the appellant on bail. The application is, therefore, rejected. JUDGE JUDGE Gulande