STATE OF MAHARASHTRA Vs. NARENDRA DEVIDASJI RAMTEKE

JUDGEMENT

(1.) By consent of respective counsel appearing for the parties, Appeal is taken up for final hearing, at the admission stage. Parties were put to notice that the Appeal may be disposed of finally pursuant to the order dated 17.11.2009 passed by this Court.

(2.) Heard submissions at the Bar, at length. This Appeal is directed against the judgment and order dated 26th March, 2009 passed by learned Adhoc Additional Sessions Judge2 Wardha in Sessions Trial No.159/2004 whereby the learned trial Judge was pleased to acquit the respondent herein for offence punishable under section 306 of the Indian Penal Code.

(3.) The facts briefly stated are: the victim Sau. Smita Narendra Ramteke was found dead in the house on 1st May, 2004 between 6.00 and 7.00 a.m. in Gond Plot Area, Wardha. She was taken to the Hospital and declared dead prior to her admission. Inquest over the dead body was held and the body was referred for postmortem examination in which it was revealed that she had died on account of consumption of insecticides. The investigating agency proceeded with the investigation and recorded statement of relatives of the victim. It is not in dispute that the victim had a love affair with the accused and they were married since two years prior to the incident. The deceased had, in fact, conceived twice or thrice but could not deliver a child and, therefore, she was in nervous breakdown as even one day prior to the incident, there was a miscarriage and she had pain in her stomach and she had been taken to the Doctor. On the next morning, it is case of the prosecution that she was found dead in her house after the incident of miscarriage.