1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.381 OF 2010 Suklal Horya (Bhil), Mandil, Age-45 years, Occu-Labour, R/o.Village-Kansai, Tal.Shahada, Dist. Nandurbar APPLICANT VERSUS The State of Maharashtra, Through Police Inspector, Police Station, Mhaswat, Taluka Shahada, Dist.Nanded RESPONDENT Mr.V.S.Undre h/f. Mr.P.R.Katneshwarkar, learned counsel for applicant. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 24/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.43/2009, registered in Mhasawad Police Station, Dist. Nandurbar. The applicant came to be arrested in connection with said CR on 24/07/2009, wherein after completion of investigation, charge sheet was filed and then the trial was committed to the Court of Sessions 2 and numbered as Sessions Case No.41/2009, before the Sessions Court, Shahada. 2. Perusal of papers of investigation shows that the said offence came to be registered on the complaint of one Mogibai Shrawan Chaudhari, who appears to be the daughter of applicant. There is an allegation in the said complaint that the applicant was suspecting about the character of his wife Sumanbai and due to that, frequent quarrels took place between deceased Sumanbai and applicant/her husband. In the last paragraph of the complaint, it is stated that on 23/07/2009, after the dinner was over, the complainant and his sister i.e. two daughters of the applicant had been to the residence of their uncle, which is adjacent to the premises of applicant to take sleep. At around 11.00 p.m. to 12.00 p.m., the complainant heard shouts of her mother Sumanbai, hence she came alongwith her brothers at her residence and saw that mother Sumanbai has sustained head injury and was lying at the cot. Her father, the applicant was found standing nearby the cot, holding pick axe in his hand smeared in the blood and the entire body of the complainant was also smeared in the blood. Accordingly complaint was lodged, and offence was registered. Post mortem notes shows that the death of Sumanbai caused due to head injury. The applicant was found with the weapon in his hand with which death of Sumanbai was caused. Considering the fact that the complainant is the daughter of deceased, who saw alongwith her brother and other relatives that the father, the applicant was holding the pick axe smeared in blood near 3 the dead body of her mother. No other evidence is required to infer that the applicant is the culprit who has caused the death of Sumanbai. No merits in the application. Application stands rejected. 3. Trial against the applicant, pending on the file of Sessions Court, Shahada, bearing SC No.41/2009 stands expedited. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.381-10