Dismissed

Sanjay Munjaji Zunjare v. the State of Mah

Bombay HC22 Mar 2012APPLN/425/2012

Case brief

AI extract

What is this about?

Criminal Application by a labourer convicted of murder and sentenced to life imprisonment seeking bail. The High Court evaluated the dying declarations, post-mortem report noting severe burns and head injuries, and concluded the case is not fit for bail.

What did the court decide?

The bail application was rejected; the record and proceedings were sent back; professional fees to the appointed counsel were directed to be paid.

Sanjay Munjaji Zunjare Vs the State of Mah — Murder and Culpable Homicide | Bombay HC (2012)

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 cra425.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.425 OF 2012 IN CRIMINAL APPEAL NO.11 OF 2012

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Sanjay s/o Munjaji Zunjare,
Age-36 years, Occu: Labourer,
Original R/o-Injegaon,
Tq. & Dist-Nanded,
(Presently at Central Prison,
Aurangbad.)

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...APPLICANT.

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 VERSUS

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The State of Maharashtra,
...RESPONDENT.

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 ...
 Shri.R.D. Sanap Advocate appointed for the
 Applicant.

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 Smt.V.A. Shinde, A.P.P. for Respondent.
 ...

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CORAM: NARESH H. PATIL AND
 T.V. NALAWADE, JJ.
 DATE : 22ND MARCH, 2012.

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PER COURT :

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1.Heard learned counsel for the parties.

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2.The Applicant is convicted for an offence

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punishable under Section 302 of the Indian Penal
Code and sentenced to suffer life imprisonment, in
Sessions Trial No.24 of 2011, by the Additional
Sessions Judge, Basmathnagar, by Judgment and
Order dated 23rd November, 2011.

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3.In an unfortunate incident, where the

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lady is burn by pouring kerosene on her person, by

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her husband, who ultimately succumbed to the

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injuries. The prosecution case is that on the
earlier day, the deceased was assaulted by
husband. The marriage was nine years old. Both,

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the Applicant and deceased were labourers. The
incident took place in the house of the Applicant.
The Applicant demanded money for purchasing cell
phone and television, from the deceased wife. The

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wife had to loose life for not fulfilling the
demands. The doctor who conducted autopsy, opined
the cause of death as "shock due to burns."

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4.The deceased suffered 84% burn injuries.

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The disturbing feature in this case is, the doctor
noticed injuries on the person of the deceased,
which includes contusion over occipital region and
right parietal prominance. All injuries were ante
mortem. On internal examination, the doctor
noticed that there was under scalp haematoma
present over vertex, 4 X 3 c.m. This demonstrates
the sorry state of affairs, in which the Applicant
treated his wife.

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5.Shri. Sanap, learned counsel appointed
for the Applicant, submits that dying declarations
do not inspire confidence to fasten liability on
the Applicant. There are inconsistencies in the
dying declarations, which the trial Court ought to
have noticed.

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6.The learned A.P.P. has opposed the bail

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Application.

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7.We have perused the original Record and

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proceedings, dying declarations, post-mortem
report, medical opinion and other relevant
material. The Applicant was not on bail during the
trial. The trial Court, after scanning the
evidence on record, reached the findings of guilt.
Considering the case in its entirety, we find that
this is not a fit case to release the Applicant on
bail. The Application is rejected.

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8.The Record and Proceedings be sent back.

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9.The counsel was appointed for the
Applicant. The Secretary, High Court Legal
Services Sub Committee, Aurangabad to pay
professional fees to the counsel appointed, as per
rules.

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[T.V. NALAWADE,J.] [NARESH H. PATIL,J.]
asb/MAR12

Sanjay Munjaji Zunjare v. the State of Mah

Case brief

What is this about?

What did the court decide?

Sanjay Munjaji Zunjare v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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