MOHD. JAFFAR Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Section 439 of Code of Criminal Procedure, seeking to enlarge him on bail.

(2.) It is the case of the prosecution in nutshell that the deceased is the sister of the complainant and she was given in marriage to the petitioner/accused in the year 2008. The two brothers of the complainant are residing in foreign country and therefore the deceased was intending to go to see her brothers who are residing in foreign country and also for the purpose of taking pilgrims of Haj, deceased had applied for passport. But applying for passport is objected by the petitioner and also criminally intimidated the deceased objecting application filed for passport. When this being the fact on 29.05.2019 at about 1.30 p.m. when the complainant was in his workshop he had received telephone message from one Buran S/o Mahamudhsab Chittiwale that the deceased was found murdered in the bathroom of her house and immediately the complainant went there and saw that his sister deceased found murdered by sustaining grievous injuries on the head and also there is cut lacerated wound on the neck with knife and thereby due to profused bleeding by these two injuries she died.

(3.) Further stated that one Mohammad @ Chauss who is CW.9 as per charge sheet materials he has witnessed the incident that he heard the news that the deceased and the petitioner were quarreling with each other and upon hearing the scream of quarrel he went inside the house of the deceased and the petitioner and witnessed that the petitioner was dragging the deceased into the bathroom and the petitioner had assaulted on the head and upon seeing this got frightened the said CW.9 had not gone forward to rescue the deceased and therefore with these allegations filed a complaint against the petitioner and accordingly a crime is registered as Crime No.64/2019 for the offence under Section 302 of IPC by the Kembhavi Police Station.