1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 781 OF 2010 IN CRIMINAL APPEAL NO. 594 OF 2010 (Mohd. Sadiq Mohd. Rafiq .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri Anil Mardikar, Advocate for the applicant. Smt. S.S. Wandile, APP for the respondent/State. CORAM : MRS. V.K. TAHILRAMANI AND PRASANNA B. VARALE, JJ. 15TH MARCH, 2011. Heard. The applicant has been convicted under Sections 302, 498-A and 201 of the Indian Penal Code. The applicant is now seeking bail. The prosecution case is that Nazia Firdos (deceased) was married to the applicant on 06.05.2007. After the marriage, there was demand by the accused person and Nazia was ill treated and harassed on account of the said demand. On 14.05.2008, Nazia was found dead after having sustained burn injuries. The body of Nazia was sent for postmortem. During the postmortem, it was found that Nazia was first strangulated to death and thereafter in order to hide the evidence of strangulation, she was burnt to show that it was a case of accidental burns. The learned Counsel for the applicant has submitted that in fact Nazia had sustained accidental burn injury due to which she died and he further submitted that the prosecution has not brought on record any reliable material to show that she was strangulated to death and thereafter set on fire. To support his contention, he has placed reliance on the evidence of PW-4 Dr. Ghodewar who conducted the postmortem. We have perused the evidence of Dr. Ghoderao. Learned Counsel for the applicant has pointed out from the cross- examination that the parameters which are found in a case of 2 strangulation were not found in the case of Nazia. Hence, the case of strangulation would be ruled out and it would have to be accepted that Nazia died on account of sustaining accidental burn. The postmortem report of Nazia clearly shows the presence of ligature mark on the neck. Doctor has categorically stated that, “it is not correct to say that in the present case death is due to burning and not due to strangulation.” Thus the explanation given by the applicant that his wife Nazia sustained accidental burn injuries or that she committed suicide by setting herself on fire cannot be believed in view of the postmortem finding that she was strangulated to death. Only Nazia and the applicant were residing in the said house as the other family members i.e. parents and brother of the applicant were residing separately, this shows that there were only two persons residing in the house. The fact that Nazia died in the early morning hours in her matrimonial home on account of strangulation, whereafter, she was burnt to death, prima facie rules out the possibility of any other person entering the house and causing death of Nazia. Looking to all the above facts, we do not think that it is a fit case to grant bail. The application is rejected. It is made clear that the observations in this order are only prima facie and they have been made only with the purpose of dealing with the bail application. JUDGE JUDGE *rrg.