DEEPALI BHIMRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 8.11.95 the petitioner's husband Mr.Bhimrao was struck down by a tractor while he was proceeding on his motorcycle. The petitioner's husband was shifted to a hospital at Kolhapur and he died there on 12.11.95. The Police made inquiry and filed Charge-Sheet against the driver of the tractor for the offences u/s. 279, 337, 338, 427 and 304 (A) of the IPC.

(2.) According to the Petitioner, the death of her husband was not accidental but it was a pre-planned murder. She suspects that her husband's brother Ramchandra had planned the murder of her husband and managed to remove cash amount of Rs.50,000/- which, according to her, the deceased was carrying with him. She has also made a grievance that her husband's brother Yeshwant opened the shop and house of her husband and removed certain cash amount and valuable documents.

(3.) We have heard Shri Pradhan, the ld. Advocate for the petitioner and Shri Thakur, the ld. A.P.P. We have also perused the papers of investigation. It is material to note that the petitioner's statement is recorded on 15.11.95 but it is totally silent on the point of alleged murder and theft. The petitioner filed an application to the Murgud Police Station on 31.1.96 where in also there is no suspicion expressed about the accidental death of her husband. So also there is no allegation about the theft of Rs.50,000/-. All these allegations made by the petitioner appear for the first time when she made an application to the Superintendent of Police, Kolhapur on 4.6.96. Considering these facts, we find that the Police have rightly registered the the case as accidental death. We therefore do not think that this is a fit case wherein the directions prayed for by the petitioner can be granted. The petitioner has made a grievance against her husband's brother about the removal of household articles and cash amount from the shop and house. In our opinion, the petitioner is at liberty to take appropriate remedy for redressing her grievances in that respect. Hence, the Writ Petition is dismissed.