1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1887 OF 2009 IN CRIMINAL APPEAL NO.162 OF 2009 Sarwar Baig s/o Mustafa Baig .. Applicant Versus The State of Maharashtra .. Respondent Shri J.V.Deshpande, Advocate for applicant Shri B.J.Sonawane, APP for respondent-State CORAM : P.V.HARDAS AND R.K.DESHPANDE, JJ. DATE : 13h July 2009 PER COURT : 1. This is an application by which the applicant seeks suspension of the substantive sentence of imprisonment and his enlargement on bail during the decision of the appeal. 2. The applicant has alleged to have stabbed deceased by means of a piece of glass. The medical evidence in this case discloses the injury sustained by the deceased. The Medical Officer PW-2 Dr.Anand Mugadlimath has opined that the injury sustained by deceased could be possible on account of piece of glass and injury is sufficient in ordinary course of nature to cause death. The prosecution has also placed reliance on the testimony of an eye witness PW.3 Syed Ejaz. The trial Court has accepted the testimony and has found that the applicant is not entitled to claim any of the exception. 2 3. Shri Deshpande, learned Counsel for the applicant has urged before us that no reliance can be placed on the testimony of the eye witness and also that no knowledge or intention could be attributed to the accused for inflicting or causing the said injury. However, it is urged before us that the injury sustained by the deceased could be as a result of scuffle and his fall on a piece of glass which was lying at the scene of the offence. 4. The aforesaid submissions pertain to re-appreciation of evidence which cannot be done at this stage. Suffice it to say that the conviction is based on the testimony of the eye witness and the Medical Officer has opined that the injury is sufficient in ordinary course of nature to cause death. As per the testimony of the eye witness, the injury was caused to deceased by the accused voluntarily and, therefore, none of the submissions which have been urged before us by the learned Counsel for the applicant, prima facie, are borne out from the evidence on record. 5. In the light of that application is dismissed. ( R.K.DESHPANDE, J.) ( P.V.HARDAS, J.) vvr/1887.09criappln