Bombay High Court
Gangadatta Leeladhar Tiwari vs The State Of Maharashtra on 3 August, 2021
Bench: Nitin Jamdar, C.V. Bhadang
13 appa 1088-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1088 OF 2019
SNEHA IN
NITIN CRIMINAL APPEAL NO. 504 OF 2019
CHAVAN
Digitally signed
by SNEHA Gangadatta Leeladhar Tiwari ..Applicant
NITIN CHAVAN
Date: 2021.08.04 V/s.
14:28:52 +0530
The State of Maharashtra ..Respondent
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Mr. Satyavrat Joshi for the Applicant.
Mrs. M.M. Deshmukh, APP for the Respondent/State.
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CORAM : NITIN JAMDAR AND
C.V. BHADANG, JJ.
DATE : 03 AUGUST 2021
P.C.
. Heard the learned counsel for the Applicant and the
learned APP.
2. By the Judgment and Order passed by the learned Sessions
Judge on 12 February 2019, the Applicant is convicted under
Section 302 of the Indian Penal Code, and is sentenced to
undergo imprisonment for life
3. The case of the prosecution is that the Applicant has
strangulated his wife Rashmi by means of a rope. The evidence
Sneha Chavan page 1 of 3
13 appa 1088-19.doc
led by the prosecution was of PW-1 the Police Sub-Inspector,
who had arrived at spot after the information was received, PW-2
Panch witness to Spot Panchnama at Exh.23 and 23A, PW-4
another panch to the Recovery Panchnama, PW-6 is the father of
the deceased i.e. father-in-law of the Applicant, PW-9 K.V.
Radhkrishnan was working as Assistant Professor in Forensic
Medicine. The defence of the Applicant was that deceased
Rashmi had committed suicide by hanging herself.
4. There are no eyewitnesses. PW-9 Radhakrishnan admitted
that he had not specifically mentioned in the report that death
was due to strangulation though he also admitted that in various
other reports, he had mentioned cause of 'asphyxia' specifically as
by way of strangulation. He also accepted the proposition that
for strangulation, there has to be complete and horizontal
encircled ligature mark. The postmortem report mentions total
circumference of neck is 36 cms. and the extent of ligature mark
is 20 cms., thus not complete. Both PW-1 the Investigating
Officer and PW-5 Dr. Amol Rajore, who attended the deceased
have stated that the door of the bedroom was broken which
prima facie gives credence to the defence of the Applicant that
the deceased committed suicide by locking door and that he had
broken open the door. The Applicant was not absconding, in fact
he went to contact the Doctor immediately. The incident
occurred on 20 February 2012 and the Applicant was arrested on
21 February 2012. The learned APP submitted that the
Sneha Chavan page 2 of 3
13 appa 1088-19.doc
Applicant had scratch marks on his hand which shows sign of
resistance by the deceased indicating strangulation. PW-9 had
stated that nail clippings of the deceased were collected.
However, in the statement of the Applicant under Section 313 of
Cr.P.C., there is no mention of report of the nail clippings.
5. Considering the facetsi prima facie and the fact that
Applicant was granted bail during the trial on 10 August 2012 till
he surrendered after the conviction and the Applicant has small
child to look after and that the Appeal is not likely to come up for
hearing in immediate future, the case for grant of bail is made
out.
6. Hence, the following order:
i) The substantive sentence awarded to the Applicant is
suspended, pending disposal of Appeal.
ii) The Applicant be released on bail on furnishing a PR
Bond in the sum of Rs.50,000/- with one or two solvent sureties
in the like amount.
iii) The application is accordingly disposed of.
(C.V. BHADANG, J.) (NITIN JAMDAR, J.)
Sneha Chavan page 3 of 3
