ROHIDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No. 228 of 2019 registered with Talwada Police Station, Taluka Georai, District Beed for the offences punishable under Sections 302 , 498-A , 323 , 506 of IPC. His application below Exhibit 7 in Sessions Case No. 62 of 2020 with similar prayer came to be rejected by the Sessions Judge, Beed vide order dated 15.07.2020.

(2.) Learned counsel for the applicant submits that the investigation is over and charge sheet has been submitted. Learned counsel submits that the prosecution case entirely rests upon circumstantial evidence and there is no direct evidence in this case. Learned counsel submits that the informant has alleged that the applicant was suspecting about the character of his wife deceased Lilawati and therefore, murdered her. However, the applicant got married long back and they had two sons. The informant is 19 years of age whereas, another son Sanket is taking education in 12th standard. Learned counsel submits that the dead body of deceased was found in the land of one Bhutada which is adjacent to the land of the applicant. However, no evidence is forthcoming as to how deceased Lilawati had been to the land of said Bhutada. Learned counsel submits that there is no satisfactory evidence that the deceased, prior to her death, was lastly seen alive in the company of the applicant. Learned counsel submits that the applicant came to be arrested in connection with the present crime merely on suspicion and except motive as alleged by the informant, there is no other connecting evidence against the applicant. The applicant is available for trial. There is no question of tampering the prosecution evidence. The applicant may be released on bail.

(3.) Learned APP has strongly resisted the application on the ground that there is strong motive for the applicant to commit murder of his wife. He was suspecting about the character of his wife deceased Lilawati and he used to beat her by suspecting about her character. Learned APP submits that deceased Lilawati was lastly seen alive in the company of the applicant. Witness Prakash Uttam Chavan had taken meals with the applicant and deceased Lilawati in their agricultural land at about 3 to 4 p.m on 21.12.2019 and thereafter, the dead body of deceased Lilawati was found on the next day. Learned APP submits that there is evidence that on the date of incident, deceased Lilawati had been to agricultural land and the applicant had also gone there in his agricultural land. Learned APP submits that the applicant, while answering the phone call of the informant, told him that deceased Lilawati was in the house and not in the agricultural land. Learned APP submits that there is an extra- judicial confession before Devidas Limbaji Pawar, who happened to be the step brother of the applicant. The applicant has admitted his guilt before the said witness Devidas Limbaji Pawar. Learned APP submits that prima facie there is evidence about homicidal death. The cause of death is homicidal by compression of neck. It has been opined by the Medical Officer that there is strong evidence of struggle and resistance of the victim before death. Learned APP submits that prima facie there is strong case against the applicant. The applicant may not be released on bail.