Sandip S/O. Rajaram Kumare v. State Of Mah. Thr. Pso, Ps Reguntha, Dist. Gadchiroli.

2025:BHC-NAG:3628-DB 1 2apeal354.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APPA] NO.552 OF 2023 IN CRIMINAL APPEAL NO.354 OF 2023 [Sandip s/o Rajaram Kumare .vs. State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sahil D. Umredkar, Advocate h/f Shri A.C. Jaltare, Advocate for Appellant. Shri Ganesh Umale, APP for Respondent-State.

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CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ.

DATE : APRIL 03, 2025 .

P.C.

In support of this application for suspension of sentence, it is argued that the case is of the accident, however, the cause of death recorded in the postmortem is by throttling. It is argued that there is no mention in the postmortem report that thumb impressions found on the neck of the deceased. However, after going through the cross-examination, it is evident that the evidence of the Doctor was not challenged on the said ground in the cross-examination. Thus, the argument made by the applicant cannot be accepted that the finding recorded by the Doctor of the cause of death is not correct, but the death was caused due to accident.

2.

At this stage, considering the only submission made by the applicant, we do not find that this is a fit case for suspension of sentence. Accordingly, the application is rejected. (PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.) Gulande