VIJAY BABRUWAN DHANKUDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 4th December 1997, application for bail filed by the petitioner came to be rejected by the Additional Sessions Judge, Pune and, therefore, the Petitioner has approached this Court.

(2.) The allegations against the petitioner are that on 21-7-1997 at about 1 a.m. petitioner hammered on the head of his daughter aged 5 months because he wanted a male child from his wife and because of that assault, daughter by name Ashwini died. Thereafter, petitioner carried her body in a field and buried in a ditch. That is how, offences under sections 302 and 201 of the Indian Penal Code are alleged to be committed by the petitioner. Compliant in that behalf has been filed by the wife of the petitioner in Chatusring Police Station at Pune.

(3.) I have heard Shri Warunjikar for the petitioner and Shri Shinde, A.P.P. for the Respondent-State. To this petition, statement of Dr.Chandrakant Baban Garudkar has been annexed and it would go to show that at 1.15 a.m. on 21-7-1997, petitioner along with his wife took their daughter to this doctor and made disclosure that the daughter fell down from the cot and therefore, she received injuries on the head. The doctor found that daughter was already dead and, therefore, body appears to have been taken to the field and burried by the petitioner and others.