The High Court dismissed the criminal appeal filed by the State challenging the acquittal of a respondent woman charged with murder. The Court found the evidence against her insufficient, consisting mainly of motive and evidence primarily against a deceased co-accused.
The criminal appeal was dismissed; the acquittal was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cri. Appeal No. 563/2002
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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPEAL NO. 563 OF 2002
The State of Maharashtra Through S.H.O. Police Station Kasar-Shirshi, Tq. Nilanga, Dist. Latur ....Appellant.
(Ori. Complainant)
Versus
(Appeal abated against respondent No. 1 as per Court order dated 29.9.2008)
Mr. R.V. Dasalkar, APP for appellant/State.
CORAM : T.V. NALAWADE AND S.M. GAVHANE, JJ. DATED : September 11, 2017.
JUDGMENT : [PER T.V. NALAWADE, J.]
. The appeal is filed against judgment and order of Sessions Case No. 8/2001, which was pending in the Court of learned Additional Sessions Judge, Nilanga, District Latur. Both the respondents are acquitted by the Trial Court of the offence punishable under section 302 r/w. 34 of Indian Penal Code ('IPC' for
Cri. Appeal No. 563/2002
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short).
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and accused No. 2 and since then the deceased was missing. Chargesheet came to be filed for aforesaid offence and the charge was framed. Both the accused persons took the defence of total denial. The Trial Court has acquitted the accused by holding that the evidence is circumstantial in nature and the chain of circumstances is not completed to point the finger only to accused persons.
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which is mainly on motive. However, his evidence in examination in chief itself shows that due to the quarrels with wife, the deceased had left the house already, prior to incident. In view of this circumstance, there is no evidence from the father which can be used for asking the accused to explain the things as required under section 106 of Evidence Act. His evidence and the F.I.R. show that he was not in touch with the deceased and he also did not know that the deceased was missing. The F.I.R. was given only when inquiry was started after registering the A.D.
but his evidence is similar to the evidence of father of deceased showing that he was also not in touch with the deceased. Sukha Petkar (PW 9) is younger sister of the deceased and she has tried to say that she had witnessed the quarrels between Shahu and accused No. 2. Her evidence is also mainly on motive. She has deposed that
on one day before the day since the deceased was not seen, the deceased had given slap to accused No. 2 due to her relations with accused No. 1. Her evidence also shows that she was not visiting the residential place of accused No. 2.
Cri. Appeal No. 563/2002
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showing that in his room some blood stains were found. Similarly, the evidence of witnesses, who were examined to prove that two weapons like axe and knife were recovered on the basis of statement given by Vijay need not be considered as that evidence could not have been used against accused No. 2. The evidence of Police Officers, who made investigation and prepared panchanama is mainly against accused No. 1. Most of the other witnesses even on motive have turned hostile.
[S.M. GAVHANE, J.] [T.V. NALAWADE, J.]
ssc/
1 issue framed by the court
Whether the Trial Court erred in acquitting the accused woman given the evidence of motive and recovery.
1 provisions across 1 enactments
The State of Maharashtra Through S.H.O. Police Station Kasar-Shirshi
Gangubai w/o. Shahu Petkhar
T.V. Nalawade
S.M. Gavhane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
