Dilip Suresh Thatshingar v. The State Of Maharashtra

CAJ 32-Ia-2067-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2067 OF 2022 IN CRIMINAL APPEAL NO. 658 OF 2022 Dilip Suresh Thatshingar ... Applicant V/s.

The State Of Maharashtra ... Respondent Mr. Lokesh Zade Appointed Advocate for Applicant. Mr. S. S. Hulke APP, for Respondent-State.

CORAM : A.S. GADKARI AND MILIND N. JADHAV, JJ.

DATE : 19th OCTOBER, 2022.

P.C. :

1.

This is an Application for suspension of sentence and releasing Applicant on bail.

2.

PW-10 who is neighbour of Applicant, in his evidence has stated that, on the day of incident at about 7.00 p.m. he heard hues and cries of deceased Gayatri. He therefore rushed to the house of Applicant. At that time he saw that, Applicant was assaulting deceased with a wooden log. After seeing PW-10, Applicant rushed behind him. As the Applicant had spread reign of terror in the locality, PW-10 ran away from the said place. 3.

PW-1 is the brother of deceased. He stated that, Applicant was addicted to Ganja and Charas and used to physically abuse deceased and beat 1/2

CAJ 32-Ia-2067-2022.odt her by expressing doubt over her fidelity. He has deposed that, earlier on two occasions, Applicant had wrongfully confined deceased in the house by locking the house from outside. The deceased had informed PW-1 that, even if she speaks with neighbours, the Applicant used to beat her. 3.

Perusal of evidence of PW-9 i.e. Dr. Dayanand G. Kamble, reveals that, deceased had suffered 31 injuries on all parts of her body. From the nature of injuries it appears to us that, Applicant committed beastly assault on deceased and no part of her body was left untouched. Deceased had also suffered fractures on her skull.

4.

After taking over all view of the matter, we are not inclined to suspend the sentence of Applicant and release him on bail. Application is accordingly dismissed.

[MILIND N. JADHAV, J.] [A.S. GADKARI, J.] 2/2