LAWS(BOM)-2021-11-328

DATTA Vs. STATE OF MAHARASHTRA

Decided On November 16, 2021
DATTA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dtd. 24/1/2014 passed by the Additional Sessions Judge, Basmath in Spl. C. (Atrocities) No. 5/2012.

(2.) Brief facts, giving rise to the prosecution story are as under:

(3.) Learned counsel for the appellant-accused submits that the prosecution case entirely rests upon circumstantial evidence and there is no direct evidence in this case. Learned counsel submits that the prosecution has altogether brought a new concept of "last call theory". The prosecution case almost entirely rests upon the said last call theory. On 22/9/2011, the dead body of one unknown lady was found in land gat no. 316. There is no proper identification of the dead body. PW 4 Dashrath could not identify the dead body and he has merely identified the clothes. Learned counsel submits that even keeping the said thing in mind, PW 11 Dy.S.P. Perke has also collected blood samples of the parents of deceased Rekha for DNA test purposes and the same, along with the samples of bone and other parts of the dead body of Rekha, were forwarded to the lab at Kalina, Mumbai. However, the prosecution has neither produced the said DNA report nor examined any witness on the said point. Apart from that, even though the dead body was found on 22/9/2011 in the morning, on the basis of the 'last call theory', appellant-accused no. 1 came to be arrested in connection with the crime merely on suspicion. The appellant-accused allegedly made a phone call to deceased Rekha on her mobile at about 7.00 p.m. on 21/9/2011. Learned counsel submits that the said phone call indicates that the appellantaccused no.1 and deceased Rekha were not together and they had merely contacted each other on phone.