1 1356.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1356 OF 2010 IN CRIMINAL APPEAL NO.888 OF 2008 Raju Waman Salve ...Applicant Versus The State of Maharashtra ...Respondent ...... Mr.Khan Abdul Wahab for Applicant. Mr.D.P.Adsule, A.P.P. for Respondent. ...... CORAM:- A.M.KHANWILKAR AND A.P.BHANGALE, JJ. DATED:- NOVEMBER 23, 2010. P.C. 1. Heard Counsel for the parties. 2. This is application for bail. The Applicant has been convicted for offence punishable under Section 302 of the Indian Penal Code for causing death of his wife. The incident in question took place on 27th March 2007 when the Applicant assaulted his wife. The nature of injuries according to the medical evidence, were grievous injuries and one of the injury caused on the head was sufficient to cause death. The argument of the Applicant is that the incident happened on the spur of the moment and was not preplanned. In any case, there was good reason for the Applicant for having 2 1356.10.sxw reacted in violent manner on account of the situation emerging due to the daughter being taken away by the wife without his permission and knowledge and particularly when the Applicant had serious doubt about the character of his wife. The offence, at best, would attract Section 326 of the Indian Penal Code. 3. We are not impressed by this argument. The Court below in Paragraphs 27 onwards has considered the nature of injuries as well as the circumstances in which the offence took place. The injuries mentioned by the doctors PW 8 and PW 9 clearly indicate that injuries No.1 to 5 inflicted were on the vital parts of the body. Except injury No.6, all other injuries were grievous injuries. There is no reason to doubt the correctness of this evidence. In our opinion, the argument that Section 326 would apply to the fact situation of the present case, cannot be countenanced. For, there is clinching evidence to indicate complicity of the Applicant and the finding of guilt recorded by the Trial Court for offence punishable under Section 302 was inevitable. Accordingly, the bail application is rejected. 4. We make it clear that the observations made hitherto will not influence the outcome of the Appeal which will be decided on its own merits. 3 1356.10.sxw 5. Appellant, if so desires, is free to file private appeal paper-book. As and when the Appeal becomes ready in all respects, Office shall process the same and list the same as per its turn under caption `convicts in jail’ which is already an expedited category as per the present assignment. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.)