Bombay High Court
Jayesh Shashikant Mahalim vs State Of Maharashtra And Ors on 21 August, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
2024:BHC-AS:33688-DB
1/4 19 IA-3676-22.odt
MANDIRA MILIND
SALGAONKAR
Digitally signed by MANDIRA
MILIND SALGAONKAR
Date: 2024.08.22 23:18:30
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3676 OF 2022
IN
CRIMINAL APPEAL NO.938 OF 2021
Jayesh Shashikant Mahalim .. Applicant
Versus
State of Maharashtra & Ors. .. Respondents
...
Mr.Chittaranjan Das with Mr.Sidharth Jha for the Applicant.
Mr.S.V.Gavand, A.P.P. for the State/Respondent.
...
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATED : 21st AUGUST, 2024
P.C:-
1. Heard the learned counsel for the Applicant/Accused,
who has filed an application for suspension of sentence and for
securing his release on bail during the pendency of the Appeal,
which is admitted by this Court on 18/02/2022.
With the able assistance of the learned counsel for the
Applicant and the learned A.P.P. Mr.Gavand, we have perused
the impugned judgment, which is based upon the evidence lead
by the prosecution in order to establish the charge levelled
against him, of committing murder of his wife, Vaishali in the
intervening night between 6th and 7th May, 2017.
M.M.Salgaonkar
2/4 19 IA-3676-22.odt
The prosecution has examined 12 witnesses in order to
bring home the guilt of the Accused and relied upon several
documents, which include inquest panchnama, postmortem
report, spot panchnama as well as the seizure panchnama of
baniyan and scythe under Section 27 of the Indian Evidence
Act, 1872 alongwith the report received from the Chemical
Analyser.
The Accused was given an opportunity to deal with the
incriminating circumstances by putting him under
examination under Section 313 of the Criminal Procedure
Code, 1973 and except denying the prosecution case, he did
not adopt any particular stand.
2. The evidence of Dattatray Murbade (PW 5), Sanket Patil
(PW 2), Rasika Koli (PW 8) and Uttam Tare (PW 9) has proved
the conduct of the Accused and the relationship between the
Accused and the deceased, as he being a husband, who was
suspecting her character and subjecting her to harassment,
which constrained her to leave the matrimonial home on
09/04/2017. After great persuasion, she started cohabiting
with accused and it is on 06/05/2017 at about 9.30 p.m.,
deceased Vaishali alongwith accused and children visited the
house of Dattatray Murbade (PW 5), making inquiry about
divorce and he told that he will consult the lawyer, if they want
to dissolve the marriage and he shall come to their house in
the next morning.
On 07/05/2017 at about 8.00 a.m., he went to the house
M.M.Salgaonkar
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of the Accused but found the same to be locked and he received
a phone call from the Accused informing that he has killed his
wife in the house. Thereafter, he reported the matter to the
police and with the help of police officials from Rabale Police
Station, the lock of the house was opened to find that Vaishali
was found in unconscious condition in pool of blood, with
injuries on her neck and cheek, caused by sharp weapon. As
she was dead, the offence was registered in Rabale Police
Station against the Accused, who was arrested on 11/05/2017.
After his arrest, a discovery panchnama was recorded, leading
to the seizure of baniyan and scythe, which were stained with
blood and the report of analysis revealed that it was a human
blood.
3. The evidence on record through the Chemcial Analyser
and the Investigating Officer has established the guilt of the
Accused. The postmortem report has referred to nine injuries
on the body of the deceased and Dr.Jain, who was examined in
support of the said report, opined that the case of death is
haemorrhage and shock due to cut throat injury. The doctor
also opined that the injuries sustained by the deceased are
possible by scythe, which is discovered at the instance of the
Accused, in his statement recorded under Section 27.
4. In the wake of chain of circumstances proved on record
by the prosecution, the learned Judge has rightly recorded
finding of guilt against the Accused, being responsible for the
death of his wife and has been sentenced accordingly.
M.M.Salgaonkar
4/4 19 IA-3676-22.odt
The Appeal filed by the Applicant is admitted and the
evidence shall be considered by us in the light of the finding
recorded by the learned Judge. However, since no case is
made out for suspension of sentence and for his release on bail
Interim Application No.3676 of 2022 is dismissed.
Hearing of the Appeal is expedited.
(MANJUSHA DESHPANDE,J.) (BHARATI DANGRE, J.)
M.M.Salgaonkar
