Ganesh Bhikaji Phohare v. State Of Mah. Thr. Pso Ps Dongaon Dist.Buldhana

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) 786 OF 2021 (Ganesh Bhikaji Pohare..vs..State, thr PSO, PS Dongaon, Dist. Buldana) ---------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

---------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R.S. Kurekar, counsel for applicant.

Mr. M.K. Pathan, APP for applicant /State.

CORAM: ROHIT B. DEO, J.

DATE:30.08.2021.

Heard.

2.

The applicant is seeking bail in connection with Crime 45/2021, registered with Police Station, Dongaon, Dist.Buldana, for offence punishable under section 302 of the Indian Penal Code. 3.

The accusation is that the applicant strangulated his wife to death in the night intervening 2.3.2021 and 3.3.2021. The report is lodged by the brother of the deceased, who inter alia states that he received a telephonic call from the deceased at 11.00 p.m. on 2.3.2021 from the cellphone of the applicant disclosing that she was being physically assaulted and tortured and requesting that her mother be sent to her matrimonial house. The first informant assured to do the needful. However, even before the mother of the

deceased could intervene, it was the applicant who called the informant and told him that there were complications and his sister is dead. The first informant and the other members of the family rushed to the matrimonial house of the deceased. Since strangulation and other injury marks were visible on the body, homicidal death was suspected and report came to be lodged. 4.

The deceased died at her matrimonial home, and while she was in the custody of the applicant. The medical evidence overwhelmingly shows that the death is homicidal. Columns 14 and 17 of the post mortem report observes thus:

"14. Dry Blood present on face at places. Dark red colored marks present over face and neck and upper chest".

"17. (1) E/o. Ligature mark present discontinuously around neck, placed above thyroid cartilage, directed backward. More prominent over anterior and left part of neck.

Ligature mark :- Reddish brown, hard and parchmentised.

Ligature material not brought by on duty lpc. Total Neck circumference 50 cm.

"O" Shaped Ligature mark of 27 cm in length present on anterior and left side of neck absent on posterior side of size 23 cm. 1 cm thickness at anterior side of neck) in width. Goes track ward direction. Ligature

mark situated :- 06 cm below from tip of right mastoid process and 07 cm below from tip of left mastoid process. 4 cm below from chick and 12 cm above from supra sternal notch and 132 cm from heel. On dissection - the underlying neck tissue dry, hemorrhagic and inra muscular hemorrhage in neck muscle".

5.

The applicant was medically examined and several injuries were noticed which prima facie suggest that the injuries were caused by the attempt of the deceased to resist the strangulation. The injuries which were noticed on the person of the accused are thus: Sr.

No.

Name of injury Size of each injury On what part of the body inflicted direction By what type of weapon inflicted Probable age of injury Healing time in absence of complicati on Remarks including other examinatio n required.

Multiple abrasion (1)7-8 in number Appx 0.5 x 0.5 cm Rt arm Hard & blunt Within 24 to 48 hrs 3-4 days Simple Multiple abrasion

(2) 4 to 5 in number Appx 1x4 cm Rt forearm Hard & blunt Within 24 to 48 hrs 3-4 days Simple Multiple abrasion 3 to 4 in number 0.5x0.5 cm Both side of neck Hard & blunt T.T. o.5gm Multiple abrasion 20 to 23 in number 0.3x0.5cm Left arm (left hand) Hard & Blunt Multiple abrasion 0.25x0.5 cm Abdomen left lateral Hard & Blunt Two abrasion 0.3x0.5cm Left ear (backside) Hard & Blunt Multiple Abrasion appx 10 in numbers 0.25x0.5 cm Below left scapula Hard & Blunt object.

6.

Prima facie, there is more than ample evidence on record to connect the applicant with crime. The accusation is

heinous. The material on record is weighty. This is not a case where discretion can be exercised.

7.

The application is dismissed.

Judge Belkhede