1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1518 OF 2009 IN CRIMINAL APPEAL NO.298 OF 2009 Nanla Sukhla Pawara .. Applicant/Appellant Versus The State of Maharashtra .. Respondent Smt. Anjali Bajpai-Dube, Advocate (appointed) for the applicant Shri S.K.Kadam, APP for respondent-State CORAM : P.V.HARDAS AND R.K.DESHPANDE, JJ. DATE : 17h July 2009 PER COURT : 1. This is an application by which the applicant/appellant seeks suspension of the substantive sentence of imprisonment and his enlargement on bail. The appellant who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.5,000/- on the allegations that the applicant had committed murder of his wife deceased Akkabai on 27.10.2006, has filed an appeal which has been admitted. Since the appellant had preferred appeal through jail, we had appointed Smt.Anjali Dube as a Counsel to represent the appellant in this appeal before us. 2 2. According to the learned Counsel for the applicant only two circumstances have been culled out by the trial Court in order to justify the conviction of the applicant for offence punishable under Section 302 of the Indian Penal Code. The aforesaid circumstances are – (i) evidence that deceased Akkabai and the appellant had quarreled in the evening of 27th October 2006; and (ii) the appellant was absconding when his wife Akkabai was found in an unconscious condition in an agricultural field having sustained nearly thirteen injuries. The medical evidence indicates that deceased Akkabai had died on account of haematoma because of head injury. The learned Counsel, therefore, has urged before us that there is no link evidence in between the quarrel which had taken place between the appellant and deceased Akkabai on the previous evening and noticing his wife in an unconscious condition on the next day in the morning. The trial Court, upon appreciation of the evidence has found that the aforesaid circumstances clearly establish the guilt of the accused beyond reasonable doubt and, therefore, convicted and sentenced him. 3. The submissions urged by the learned Counsel for the appellant pertain to re-appreciation of evidence which cannot be done at this stage. However, in the peculiar facts of the case while we are inclined to dismiss the application, we direct the expeditious hearing of the appeal. The appeal, therefore, be set down for hearing as soon as the paper book is received. 3 4. Accordingly, this criminal application is dismissed with direction for expeditious hearing of the appeal. We quantify the fees payable to the learned Counsel appointed on behalf of the applicant at Rs.1,000/- (Rs. One thousand). ( R.K.DESHPANDE, J.) ( P.V.HARDAS, J.) vvr/1518.09criappln