DADA NIVRUTTITIKOTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is one more case where the investigating agencies' lackadaisical attitude is brought to the fore. Despite the scientific advances made for detection of crimes the police have chosen not to avail of the facilities available. The sheer callousness and carelessness with which investigations are undertaken lead us to believe that there is a definite design on the part of investigation agencies to favour the accused who was a police constable. The slipshod investigation in this case leaves us with no other alternative but to acquit the appellant.

(2.) The prosecution case is that the appellant fatally assaulted his wife Pushpa on 7-12-2000 at about 10 am. He allegedly committed the crime in his cousin, janardhan's house by inflicting an injury on her head with a pickaxe. The appellant was arrested on the same day and charged for having committed an offence punishable under section 302 of the Indian Penal Code. The case was committed to sessions where the appellant was convicted and sentenced to life imprisonment.

(3.) The prosecution has relied on six witnesses. Jaibai i. e. , PW2 had made a statement before the Police that she had witnessed the crime. However, she retracted her statement in Court and was declared hostile. She denied having made a statement before the Police that, when she heard a cry from Pushpa who was in the other room with the appellant, she and the appellant's mother Taibai rushed to that room and saw the pickaxe in the appellant's hand and the victim lying in a pool of blood.