1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 535/2011 Ramdas Laxman Bhuskade ..Vs.. State of Maharashtra through P.S.O. P.S. Sirajgao Kasaba, Distt. Amravati Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S. V. Sirpurkar, Advocate for the Applicant Mr. N. R. Rode, A.P.P. for the Non-Applicant CORAM : U.V. BAKRE, J. DATED : 27.9.2011. 1. Heard. 2. The applicant, who has been arrested on 08/11/2010 in Crime No. 70/2010 registered at Police Station Sirajgao Kasaba, for offence punishable under Section 302 of the Indian Penal Code, has filed the present application for bail. 3. The deceased Sangita was the wife of the accused. The case of the prosecution is that there used to be quarrels between the accused and the deceased and on 08/11/2010, the accused assaulted his wife by means of an Axe on her thigh, as a result of which she died. 4. It is the contention of the learned Advocate for the applicant that none of the witnesses is actually an eye witness to the incident of assault and at the most they are alleged to have seen the accused running away after throwing the Axe. He has further contended that looking at the nature of the single injury 2 sustained by the deceased, it cannot be said that Section 302 of the Indian Penal Code is applicable but it can at the most be Section 325 or 326 of the Indian Penal Code which is attracted. 5. As per the post mortem examination report the probable cause of death is cardio respiratory arrest due to hypovolumic shock due to chop injury. The question where Section 302 of IPC is applicable or not will have to be decided on merits. 6. At this stage, in my view since the accused has been seen at his house with an Axe and running away by throwing the Axe in the house and the deceased was found with severe injury on her thigh which is a chop injury and further since said Axe has been found at the said spot, there is prima facie evidence against the applicant. Charge-sheet has already been filed. The learned Additional Sessions Judge, Achalpur can be directed to make an endeavour to conclude the trial within six months from the date of order of this Court. 7. This application is, therefore, rejected. However, the learned Additional Sessions Judge, Achalpur shall make an endeavour to conclude the trial within a period of six months from the date of this order. In case, the trial is not concluded as above, liberty to the applicant to renew the prayer. JUDGE Punde.