SAJJAN DHONDIBA GHODAKE Vs. SOU SHITAL SAJJAN GHODAKE

JUDGEMENT

(1.) This is an Appeal under Section 372 of the Code of Criminal Procedure, 1973. Being aggrieved by the judgment and order dated 17th December, 2011 passed by the 2nd Ad-hoc Addl. Sessions Judge, Solapur in Sessions Case No. 215 of 2008, thereby acquitting the respondent No. 1 from the charges levelled against her under Section 302 of IPC, the appellant has filed the present Appeal. We have called for the record and proceedings of Sessions Case No. 215 of 2008 and have perused the same with the assistance of the learned Counsel for the appellant. Such of the facts which are necessary for the decision of this Appeal are as follows :-

(2.) On 18th June 2006, a meeting was called at the house of the sister of the appellant at Pune. The appellant and the respondent No. 1 were present for that meeting. It was decided that the respondent No. 1 should reside in the village along with Vedant and hence they went to their village at Malegaon. On 19th June, 2006, the appellant left for Pune. On 20th June, 2006, he received a phone call from his sister who informed him that Vedant was no more. All the relatives, including the appellant, visited the Village Malegaon. They saw the dead body of Vedant. According to the appellant, the tongue of Vedant was entangled in the teeth and that there was a reddish contusion around the neck. He was informed by his mother that Vedant was sleeping with his mother. In the intervening night, Vedant had died. The mother of the appellant reported the matter to the police. Investigation was set in motion. The police had sent the viscera for chemical analysis. On 2nd February, 2007, the appellant was summoned by the police and was informed that the cause of death of Vedant is Asphyxia due to throttling. The appellant, therefore, lodged a report. The accused was granted pre-arrest bail. After completion of investigation, charge sheet was filed. The case was committed to the Court of Sessions and registered as Sessions Case No. 215 of 2008. The prosecution examined nine witnesses to bring home the guilt to the accused.

(3.) Pw-5 Sojar Ghodke is the mother-in-law of the accused/respondent No. 1. According to her, on the day of incident, she was sleeping in the same room along with the accused and her son Vedant. On the next day in the morning, when they got up, she saw the accused sitting near her grandson. Upon enquiry, it was informed that she was thinking. She noticed that her son Vedant was dead and that his tongue was pressed between his teeth. She informed the police about the incident. She has proved her statement which is at Ex.50. It is elicited in the cross-examination that PW-5 had not disclosed to the police in her previous statement that in the morning the accused had informed that she was thinking. She had also not informed the police that she had seen the tongue of Vedant was pressed between his teeth.