1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.316 OF 2010 Mahadev Vishnu Harale .. Applicant Vs. The State of Maharashtra .. Respondent Mr.Jaydeep D. Mane for the applicant Ms.M.H.Mhatre, A.P.P. for the respondent CORAM : J.H. Bhatia, J. DATE : August 5, 2010 P.C. : 1. Heard the learned counsel for the parties. 2. The applicant is facing trial for the offence punishable under section 302 in Sessions Case No.44 of 2007 pending before the Additional Sessions Judge, Pandharpur for committing murder of his wife. 3. The prosecution evidence has already been recorded by the Trial Court. The accused thereafter, filed an application Ex.76 for recalling P.W.No.5 Dr.Rameshwar Khatavkar who had conducted post mortem examination for 2 further cross examination. That application was opposed and was rejected by the learned Additional Sessions Judge. 4. On perusal of the record, it appears that as per the post mortem report, the deceased Sujata had suffered 7% superficial burn injuries on different parts of the body and mainly on the arms. Small burn injuries were also found on the forehead, right cheek, right ear, right shoulder, elbows and ankle. The autopsy surgeon had reserved the opinion about the cause of death as the viscera was preserved and referred to Chemical Analysis. The viscera does not show the presence of any poison. The autopsy surgery opined that the death was caused due to cardio respiratory failure due to pulmonary Oedma due to vasovegal shock due to burn. 5. The learned counsel for the applicant points out that as per the external injury No.13 on the body, there were two pinpoint marks which were indicative of snake bite and contends that cardio respiratory failure may be due to snake bite. It is true that this point was not taken in the cross examination of the autopsy surgeon earlier. However, it being a murder case life of the accused is at stake. The request made by the accused to recall the Doctor Rameshwar Khatavkar for further cross examination on the basis of the alleged snake bite marks and consequences cannot be termed as unnecessary, particularly when as per the postmortem report, the deceased had suffered only 7% superficial burns on the upper extremities. 3 6. Therefore, in the interest of justice, the impugned order passed by the learned Additional Sessions Judge is here by set aside and he is directed to recall Dr.Ramesh Khatavkar for further cross examination. 7. Application stands disposed of accordingly. ( J.H. Bhatia, J )