Dhananjay Pralhad Bodkhe v. State Of Mah., Thr. Police Station Officer P S Shirpur Dist Washim

ba767.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.767/2019 Dhananjay Pralhad Bodkhe .vs. State of Maharashtra, through PSO P.S. Shirpur, Dist. Washim _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S. D. Chande, Advocate for applicant.

Mr. S. S. Doifode, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : AUGUST 26, 2019 Heard Mr. Chande, learned counsel for applicant and Mr. Doifode, learned A.P.P. for non applicant-State. The only submission made before me by learned counsel for applicant is that applicant is in jail since last one year and there is nobody to look after his daughters. Applicant has strangulated his wife inside his house. Marriage of deceased took place with applicant in 2012 and the deceased was staying in her matrimonial house till the incident had occurred in the year 2018. Since lastly the deceased was in the company of the present applicant, the provisions of Section 106 of the Indian Evidence Act comes into picture with full force.

According to learned counsel for applicant, the allegation was that applicant was in habit of drinking liquor and in the said drunken condition, he committed murder. Insofar as daughters are concerned, learned A.P.P. submitted that the daughters are being taken care of by grandparents of the daughters.

ba767.19.odt Since, the dead body was found inside the house of the applicant and as per the post mortem report, cause of death was due to asphyxia and looking to the injuries, which were ante mortem, I am of the view that applicant does not deserve any leniency.

The application is therefore rejected.

Needless to mention that observations made are purely for deciding present application and learned Judge of Court below, before whom the trial will be conducted, shall not get influenced by it.

JUDGE kahale