This court rejected an application for bail filed by an appellant convicted of murdering his wife and daughter. The court held that no bail should be granted as the appellant failed to explain the deaths or discharge the burden of proof.
Application for bail rejected.
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1 8.cri.appa.1408.14.doc
jdk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPA NO. 1408 OF 2014 IN
CRI. APPEAL NO. 363 OF 2014
Siddappa Vishwanath Awale .. Appellant
Vs.
The State of Maharashtra .. Respondent
Mrs. Rohini Dandekar Advocate appointed for the applicant Mrs. A.S. Pai A.P.P. for the Respondent
CORAM : SMT.V.K.TAHILRAMANI AND SHRI.A.K.MENON, JJ.
DATED : DEC. 12, 2014
P.C.:
2 The applicant has been convicted under Section 302 of IPC for causing the death of his wife Archana and daughter Siddhi who was 2 years old. The appellant caused murder of his wife as well as his daughter Siddhi by throttling them. The evidence of P.W. 2 Ashok shows that there was demand of money made by the accused and due to this, accused illtreated and beat Archana. The evidence on record shows that
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2 8.cri.appa.1408.14.doc
the appellant, the deceased and one minor son were the only persons in the house and Archana and Siddhi were found throttled to death and that the applicant has not furnished any explanation as to how they died. The applicant has not discharged burden under Section 106 of the Evidence Act.
3 Looking to all these facts, we are not inclined to grant bail to the applicant. Application is rejected.
4 Legal fees of Advocate Mrs. Rohini Dandekar be paid as per Rules.
[SHRI.A.K.MENON, J. ] [SMT. V.K.TAHILRAMANI, J.]
kandarkar
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2 issues framed by the court
Whether bail should be granted to the appellant convicted of murder
Whether the appellant discharged the burden of proof under Section 106 of the Evidence Act
1 provisions across 1 enactments
Siddappa Vishwanath Awale
The State of Maharashtra
V. K. Tahilramani
A. K. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
