1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4399 OF 2011 Arjun Sitaram Badhe Applicant V E R S U S The State of Maharashtra Respondent Shri . S.T. Shelke, Advocate, for the applicant Shri , B.J.Sonwane, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 22nd November, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. The applicant is involved in Cr.No. I-120/11 registered with Sangamner Taluka Police Station, Dist. Ahmednagar. The wife of deceased Bajirao and mother of the deceased have initially rendered the statements to say that some outsiders have assaulted Bajirao. However, at a later point of time, subsequent statements have been recorded of these two ladies namely Mandabai & Rakhmabai wherein they have directly involved the present applicant and it is alleged that the applicant had given several stick blows on the head of Bajirao. Post mortem was conducted and the cause of the death reported is death due to intracrannial haemorrhage due to head injury. This will go to show that the death caused is directly associated with the overt act. The two ladies have stated in the statements that after the incident, Arjun, the present applicant is alleged to have told both these ladies that they should not disclose anything about the incident. This goes to show that the applicant has a tendency to put pressure on the eye witnesses. In my view, the chargesheet disclosed the prima facie case of charge under section 302 of Indian Penal Code. It was argued that the present 2 applicant tried to save his minor grand daughter from being assaulted by Bajirao as he was in intoxicated condition. This may be so, but at this stage the defence of the present applicant cannot be considered. The application is required to be rejected. 3. Hence the application is rejected. The applicant is free to make an application before the learned Additional Sessions Judge, before whom the case is pending, for early trial. ( R.Y. GANOO, J. ) vsm/criappln4399.11