GOPI ARMOGAM ARJUN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for grant of bail by accused Gopi Armogam Arjun of Madraswadi, Vakola, Santacruz, Bombay, who is involved in offence under section 302 r/w 34 of the Indian Penal Code, for committing murder of his wife.

(2.) THIS petitioner has been staying with his mother Devakanni, two brothers-Raja and Selamattu, and sister Manjula. The petitioner appears to be the eldest. To be precise, the case against the petitioner is that in the night between 16th and 17th January 1995, between 12.30 night and 2 A.M. petitioner and his mother strangulated Selvi, wife of the petitioner by means of a nylon rope and by gagging her mouth by Chadder. At the time of the incident, petitioner and his mother were sleeping in the hut and after Selvi was dead, petitioner and his mother started shouting and weeping loudly. The neighbours gathered and they were represented that Selvi has committed suicide by hanging herself. Brother of the deceased by name Abhimanyu, residing at Malad was sent for and he came to the scene and after watching the place he went to police station. When neighbours entered the house of the petitioner they found that the deceased was on the arms of the petitioner and then kept on the ground with face to the sky. The Police Sub-Inspector came to the spot and completed necessary formalities and found that it was not a case of suicide by hanging, but that Selvi was strangulated and thereby she had died. As such, complaint was lodged in Vakola Police Station. The petitioner and his mother came to be arrested.

(3.) THE petitioner had filed earlier Criminal Application no. 3261 of 1995 in this Court but that came to be withdrawn by him, with liberty to file application granted by this Court (coram : Sahai,J.) Accordingly, this application has been filed.