1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4947 OF 2009 Babulal Saibanna Kuchikorve ....Applicant Vs. The State of Maharashtra ....Respondent ----- Mrs. Seema Gupte i/b. Shri A.M. Saraogi for Applicant Mr. H.J. Dedhia - APP for State. ----- CORAM: V.M. KANADE J. DATED: 4TH DECEMBER, 2009 P.C. 1. The learned APP appearing on behalf of the Applicant submitted that the trial has begun and already four witnesses have been examined. He further submits that, at the most, 6 to 10 witnesses have remained to be examined and the trial would be over within short time. 2. The learned Counsel for the Applicant has submitted that there is no material on record against the present Applicant to involve him under section 302. He submitted that the the only material on record is that he was last seen with his wife i.e. 1 deceased. He submitted that she had suffered some injury and, therefore, she was taken to the hospital by the Applicant and others where she was declared dead. Therefore provisions under section 302 are not attracted. 3. The learned APP for the State has invited my attention to the postmortem notes and submitted that the Applicant was a person who was in the company of the deceased in the shop and, therefore, in view of the opinion of the doctor, the only inference which could be drawn is that the Applicant was responsible for death of his wife. 4. In my view without going into the merits of the case since the trial has already begun and four witnesses have been examined, it would be appropriate if the Sessions Court is directed to decide the case as expeditiously as possible and, in any case, within a period of two months. It is clarified that if the prosecution is in a position to examine the other witnesses on an expedient basis, the Sessions Court may try to dispose of the case within one month,if possible. The Applicant is suffering from blood cancer. It is also stated that the Applicant has three minor children and there is nobody to look after them. In view of this, taking into consideration this 1 aspect, the Sessions Court, therefore, shall decide and dispose of the case as expeditiously as possible as directed hereinabove. The jail authorities may give proper treatment to the Applicant in the local municipal hospital. The application is disposed of in the aforesaid terms. (V.M. KANADE J.)