RAMBHAU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original informant i.e. brother of deceased has invoked provisions under Sec. 372 of the Code of Criminal Procedure thereby questioning the acquittal of present respondent no.2 from the offence punishable under Sec. 302 of the Indian Penal Code (IPC).

(2.) Deceased Ashabai was married to accused respondent no.2 and they both were residing at Pithapuri, Tq.Paranda. Out of their wedlock, they had two sons namely Tushar and Shubham. Initially for a period of 4 to 5 years everything was smooth but subsequently accused respondent no.2 started suspecting character of deceased wife and harassed her. Deceased was promptly reporting about it to her brother informant as well as other members of family. On 4/7/2012, the appellant / informant received information that his sister was lying in the field in dead condition. Therefore, he went there and he came across injury marks on her neck and therefore, he lodged report against present respondent no.2 holding him responsible for the murder of Ashabai.

(3.) On the strength of above report, crime was registered, investigation was carried out and after completing the same PW12 Prabhakar charge-sheeted the accused. Trial was conducted against accused before learned Additional Sessions Judge, Bhoom, who after appreciating oral and documentary evidence of the prosecution, held that prosecution has failed to establish the guilt of the accused. It seems that learned trial Judge has held that case of prosecution was based on circumstantial evidence and prosecution could not complete the chain of circumstances and thereby learned trial Judge passed judgment and order dtd. 21/8/2019 acquitting the accused. It is the above acquittal which is now questioned by brother of deceased by preferring instant appeal on following grounds :