- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.32 OF 2009 APPLICATION NO.32 OF 2009 APPLICATION NO.32 OF 2009 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.15 OF 2009 APPEAL NO.15 OF 2009 APPEAL NO.15 OF 2009 Mahendra More Dhotre ...Applicant vs. The State of Maharashtra ...Respondent Mr.K.S.Patil for the applicant. Mr.Y.S.Shinde A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : FEBRUARY 16,2009 : FEBRUARY 16,2009 : FEBRUARY 16,2009 P.C.: P.C.: P.C.: 1. Heard the Advocate for the applicant. The conviction of the applicant is for offence under section 304 (Part-II) of the Indian Penal Code. The substantive sentence is R.I. for seven years. The learned counsel for the applicant invited my attention to the evidence of the P.W.No.1 (brother of the deceased). He submitted that this witness has stated that both the deceased and the applicant were holding collars of the each other and they were strangulating each other. He submitted that both of them were drunk. He, therefore, submitted that taking the evidence as it is, even the knowledge of act cannot be attributed to the applicant. He submitted that section 304 is not applicable going by the evidence of the P.W.1. 2. From the evidence of the P.W.1, the death of the deceased - 2 - Ankush due to strangulation at the hands of the applicant has been established. Even the P.M.Notes support the case of the prosecution. 3. At this stage, no case is made out to enlarge the applicant on bail. Application is rejected. Hearing of the Appeal is expedited. Liberty to file private paper book. If Appeal is not heard within reasonable time, it will be open for the applicant to move the court for grant of bail. JUDGE JUDGE JUDGE