Dinesh Barkya Pawar v. State Of Maharashtra

INGLE 51-IA-3514-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by URMILA PRAMOD INGALE Date:

2025.12.12 12:30:53 +0530 URMILA PRAMOD INGALE INTERIM APPLICATION NO. 3514 OF 2025 IN CRIMINAL APPEAL NO. 1012 OF 2025 Dinesh Barkya Pawar ...

Applicant.

V/s.

The State of Maharashtra.

...

Respondent.

______________________ Mr.Abhijeet P. Rane, for the Applicant (appointed through Legal Aid). Mr. Amit A. Palkar, A.P.P. for the Respondent- State. PSI- Mr. Sanjay Chavan, Wadkhal Police Station present. ______________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ.

DATE :

4th DECEMBER 2025.

P.C.:- 1) This is an Application for suspension of sentence and releasing the Applicant on bail during the pendency of Appeal. 2) The Applicant is convicted under Sections 302, 324, 323 and 341 of the Indian Penal Code and is sentenced to suffer life imprisonment by the learned Additional Sessions Judge, Raigad-Alibag in Sessions Case No. 18 of 2021 by its Judgment and Order dated 29th August 2023. 3) Heard Mr. Rane, learned Advocate appointed to represent the Applicant and learned APP. Perused the record. 4) The Applicant was charged with commission of murder of his wife-Kavita on 19th April 2021 at about 3:00 p.m. near the Village-Dhashi. The motive behind the crime as propounded by Prosecution is that, the 1/2

INGLE 51-IA-3514-2025.doc deceased Kavita was not cohabiting with the Applicant. The weapon used in the present crime is a knife which has been recovered from the Applicant under Section 27 of the Indian Evidence Act in presence of P.W.3. There are three eye-witnesses namely, Govind Waghmare (P..W.4), Ashok Pawar (P.W.5) and Vrushali Pawar (P.W.11). Their evidence that, the Applicant gave blow of knife on the armpit and throat of Kavita has been duly corroborated by the evidence of Dr.Audumbar Koli (P.W.8). Dr. Koli had performed autopsy on the dead body of Kavita and had noticed following external wounds on the person of deceased :-

1) The stab wound penetrating on juglar notch anterior to neck major in 2.5 cm x 2 cm x 3.5 cm.

2) Stab wound on right lumber region 2.5 cm x 2.8 cm.

3) Contused lacerated wound on left cheek 2 cm x 0.5 cm x 0.3 cm.

4) Abrasion of right cheek.

4.1) The version of assault on Kavita with knife as deposed by P.W. Nos. 4, 5 and 11 is duly corroborated by the Autopsy Surgeon. 5) The Applicant has committed murder of his wife in broad daylight in presence of at least three eye-witnesses. In view thereof, we are not inclined to release the Applicant on bail at this stage. 6) Application is accordingly dismissed.

(RANJITSINHA RAJA BHONSALE, J.) (A.S. GADKARI, J.) 2/2