VANDANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking Regular Bail in connection with Crime No.248 of 2019 registered with Ashti Police Station, Taluka Ashti, District Beed for the offences punishable under Section 302 r/w 34 of IPC . Her application with similar prayer bearing Miscellaneous Criminal Application No.621 of 2019 came to be rejected by the learned Additional Sessions Judge, Beed vide order dated 13.12.2019.

(2.) Learned senior counsel for the applicant submits that the prosecution case entirely rests upon circumstantial evidence and there is no direct evidence in this case. The applicant is co-wife of co-accused- Sitaram and deceased-Sulbha was the first wife. Learned senior counsel submits that there is reference in the complaint about a quarrel between co-accused- Sitaram and deceased-Sulbha three years back and after the said quarrel, deceased-Sulbha had been to her parents house and thereafter, again came to her matrimonial house for co-habitation. Learned senior counsel submits that even on the day of incident, deceased-Sulbha had talked to her brother-Santosh and at that time, co-accused-Sitaram was also present. He had just taken out the mobile from the hands of deceased-Sulbha and even thereafter further talked to the brother of deceased-Sulbha, namely, Santosh, however that was the normal talk. Learned senior counsel submits that besides the applicant and co- accused - Sitaram, there were two witnesses in the house and they are the children of co-accused-Sitaram born from the first wife deceased-Sulbha. According to them, in the night of 05.09.2019, co-accused-Sitaram and the present applicant entered in the room and at that time, deceased-Sulbha was lying on the floor in unconscious condition. Learned senior counsel submits that even there is reference that the present applicant instructed the children to give massage to the legs of deceased-Sulbha. Thereafter, deceased-Sulbha was taken to the hospital. Learned senior counsel submits that the complaint came to be filed merely on suspicion. Even though, deceased-Sulbha was taken to hospital under some different pretext, however, those allegations have been made against co-accused-Sitaram and not against the present applicant. There are general allegations to the effect that the present applicant along with co-accused-Sitaram ill-treated deceased-Sulbha. However, those allegations are general in nature without quoting any specific incident. The applicant is a woman, in jail since 10.09.2019. The applicant may be released on bail.

(3.) Learned APP has strongly resisted the application on the ground that it is a custodial death and co-accused-Sitaram and the present applicant have not explained the homicidal death of deceased-Sulbha in her matrimonial home. Learned APP submits that it has been specifically alleged in the complaint that deceased- Sulbha was subjected to ill-treatment by co-accused- Sitaram and the present applicant and she was forced to do domestic works as well as agricultural works. Even on one occasion, though it was three years back, deceased- Sulbha was beaten by co-accused-Sitaram and therefore, she went to her parent's house and stayed there. Learned APP submits that as per the postmortem report, the cause of death is due to asphyxia, compression of neck associated with multiple under- scalp contusions. Learned APP submits that prima facie, the cause of death indicates that it was a homicidal death. Both the children of deceased-Sulbha have stated about the presence of the applicant and co- accused-Sitaram at the relevant time and it has also come in the statement of witness-Sanket that he awoke because of the call given by co-accused-Sitaram. Learned APP submits that co-accused-Sitaram was present there right from the beginning and he had given call to the children, who were sleeping in the room. Learned APP submits that during the course of investigation, at the instance of the present applicant, the Saree was recovered which was used for compression of neck. Learned APP submits that prima facie, there is a strong case against the present applicant, so also co-accused-Sitaram. The applicant may not be released on bail.