SAHEBRAO MOHAN BERAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Deceased Laxmibai was married to the Appellant about three years prior to the occurrence. She was residing with the Appellant and his parents. In the early hours of 26th June, 1984, her dead body was found in a well close to their residence. A report in regard to the incident was given to the police disclosing that she met with an accidental death due to drowning. During the investigation it was found that the deceased met with the homicidal death and accordingly police submitted charge-sheet under Section 302/34 and 201 of the Indian Penal Code against the Appellant and his parents and ultimately they were committed to the court of Sessions to face trial for the aforesaid offences.

(2.) Trial Court acquitted all of them of all the charges.

(3.) On appeal by the State of Maharashtra, the Division Bench constituting N.V. Dabholkar and B.H. Marlapalle, JJ. differed in their conclusion. Dabholkar, J. dismissed the appeal and affirmed the order of acquittal and while rendering opinion came to the conclusion that the death was not homicidal and further the circumstance relied on by the prosecution did not lead to one and the only conclusion that the Appellant had committed the murder of his wife. In this connection Dabholkar, J. has observed as follows: