STATE OF MAHARASHTRA Vs. JANU BALU ADE

JUDGEMENT

(1.) THE State has challenged the acquittal of the respondent (hereinafter referred to as "the accused") of the offence punishable under Sections 376 and 302 of IPC by the Sessions Judge, Buldana in Sessions Case No. 37/91 decided on 22. 7. 1991.

(2.) PW1 Bhika Bhasu Ade, aged about 50 years, was residing at village Isvi, P. S. Dongaon, district Buldana with his wife Balibai aged about 35 years, two daughters and a son. PW Bhika is an agriculturist and in addition he and his wife work as labours. The accused, aged about 22 years, is the cousin of PW1 Bhika and resides in the neighbourhood.

(3.) ON 24. 12. 1990 PW1 Bhika had gone to Mehkar for purchase of cloth. He returned on the next day in the noon. At that time his children were crying. His daughter told him that the mother (Balibai) had gone with the accused on the earlier day i. e. on Monday and did not return home. She also told him that the accused had called Balibai for collecting firewood from the jungle and that they had gone to jungle. PW1 Bhika took search of his wife Balibai. However, she was not traced. On 26. 12. 1990 the dead body of Balibai was found in the jungle. PW1 Bhika informed the police. Accordingly A. D. No. 18/90 under Section 174 of Cr. P. C. was registered. On the same day spot panchanama (Exh. 7) was prepared. On the next day i. e. on 27. 12. 1990 inquest panchanama (Exh. 8) was prepared. On the same day between 2. 30 p. m. and 4 p. m. , PW3 Dr. Zavar, Medical Officer, Rural Hospital, Mehkar conducted autopsy. Rigor mortis was absent. There was lividity on both oxeilla and bullock and tongue was inside mouth. There were abrasions on right side of neck and left side of larynx. In the opinion of Dr. Zavar, it was asphyxial death. On 29. 12. 1990, the accused was arrested. He was also sent for medical examination. However, no visible injury on any part of his body was noted. It was reported that he was capable of doing intercourse. But no visible injury was seen on any part of penis. Underwear was seized on the information given by the accused. After completion of investigation he was charge sheeted. 3a. The defence of the accused is that of denial.