IMPORTANT POINT
Doctor who examined the deceased and conducted the post-mortem is the only competent person to opine nature of injuries and cause of death. It is only in a case, where the opinion is inherently defective, the Court will discard its evidence.

JUDGMENT

Chandramauli KR. Prasad, J. —

1. Deceased Laxmibai was married to the appellant about three years prior to the occurrence. She was residing with the appellant and his parents. In the early hours of 26th June, 1984, her dead body was found in a well close to their residence. A report in regard to the incident was given to the police disclosing that she met with an accidental death due to drowning. During the investigation it was found that the deceased met with the homicidal death and accordingly police submitted charge-sheet under Section 302/34 and 201 of the Indian Penal Code against the appellant and his parents and ultimately they were committed to the court of Sessions to face trial for the aforesaid offences.

2. Trial Court acquitted all of them of all the charges.

3. On appeal by the State of Maharashtra, the Division Bench constituting N.V. Dabholkar and B.H. Marlapalle, JJ. differed in their conclusion. Dabholkar, J. dismissed the appeal and affirmed the order of acquittal and while rendering opinion came to the conclusion that the death was not homicidal and further the circumstance relied on by the prosecution did not lead to one and the only conclusion that the appellant had committed the murder of his wife. In this connection Dabholkar, J. has observed as follows:

“The trial court has held that the prosecution has failed to prove the death to be homicidal. In this context, only few admissions by the Medical Officer Dr. (Mrs.) Sunanda Pande need to be narrated verbatim. Earlier to these admissions, she has stated in her chief-examination that she had given the opinion of strangulation on the basis of injury referred in column 20 i.e. Larynx, Trachea and Bronchi contain frothy discharge, Trachea congested and shows petechial hemorrhage in mucose, extravasations of blood in subcutaneous tissues of neck and in muscles. As against this, she has admitted that “Larynx and Trachea contained frothy discharge. This is a sign of drowning. In drowning, the lung is always edematous. This is also a sign of drowning”. She has further admitted that “In case of drowning, there is whitish discharge from nose. The whitish discharge as mentioned in column 13 is a sign of drowning”. It may be stated here that in column 13, she has recorded presence of whitish discharge through right nostril. She stated that “In the post mortem notes there are 3 to 4 signs of drowning” and further stated that “In case of strangulation, we can not find any sign of drowning internally”.

In view of existence of signs of drowning, it cannot be said that Ld. Judge has taken unreasonable view in recording a finding the prosecution has failed to prove the death to be homicidal i.e. death to be by strangulation, with the aid of a rolling pin.”

4. Marlapalle, J., however, allowed the appeal, set aside the order of acquittal and held that the circumstances led to the one and on the only conclusion that the appellant had committed the murder of his wife. However, both the Hon’ble Judges maintained the acquittal of the appellant’s mother, accused Tulsabai. No decision on merit so far as the involvement of the appellants father Mohan Kisan Berad was rendered as he died during the pendency of the appeal before the High Court. While recording the finding that the deceased met with homicidal death Marlapalle. J. observed as follows:

“He opined before us that in the case at hand the death was due to drowning but it was clear from the postmortem notes that the deceased was first strangulated, made unconscious and then thrown in the well. He, therefore, reiterated that it was for these reasons that there was no water found in the lungs. He referred to the injuries on the neck of the deceased noted in column No.20 of the postmortem notes and confirmed the said injuries were by way of strangulation and they could have made Laxmibai unconscious and in that state she thrown in the well. In short, he confirmed the opinion that the death of Laxmibai was homicidal and n