1 CR.APL NO.1417/20811 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 12. APPLN/1417/2011 SHIVAJI VILAS KAMBLE (CRIMINAL) V/S The State of Maharashtra -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.N.D.Kendre, Adv., for the applicant. Mr.K.S.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:19/4/2011 1. Heard. The accused/applicant, in custody from 6th August, 2010, in Crime No.61/2010, registered at Killari Police Station for offense under Section 498-A, 302, 323, 504 of IPC, has prayed for bail. 2. Learned Counsel submits that the incident is allegedly dt.6.8.2010 or 7/8/2010. The FIR of mother is belated on 10th August, 2010. The N.C. of the victim Ushabai herself is dt.7.8.2010 which informs that the accused/applicant, the husband, was under influence at the material time and banged her against the stone. Resultantly, she suffered bleeding 2 CR.APL NO.1417/20811 injury. Learned Counsel submits that the accused/applicant, in the capacity as husband, cannot be branded to have assaulted his wife, done to death. 3. The above assertion of the learned Counsel is repelled by perusal of the chargesheet produced by the learned A.P.P. wherein the injury certificate of deceased Ushabai refers to her facing four brutal grievous injuries; though one of them is referred to be simple, however, it has its deeper velocity. The events of the accused assaulting his wife was witnessed by two adjoining neighbours. They have tried to intervene but could not succeed. Even after assault, due to intervention, accused left the house, grumbling, he shall ensure to teach a lesson to his wife, however, before he could do so, the wife suffered. Though Police Officer recorded N.C., it would not dilute the situation. Column No.17 of the post mortem carried on 9.8.2010 illustrated nature of injuries suffered by her, namely, sutured wound on her left parietal region. The cumulative effect is that assault suffered at the hands of the 3 CR.APL NO.1417/20811 accused/applicant is accounted for in column no.17 which was basically a cause of death. The Medical Officer has also opined that death could be by assault by hard substance or coming in contact with the hard substance. Even if chargesheet is filed or, the accused applicant is young, however, the brutality with which the act is committed, does not call for release of the accused/applicant on bail. Application rejected. (K.U.CHANDIWAL) JUDGE ... AGP/1417-11crapl