V.L. Achliya, J.

1. This Appeal is directed against the judgment and order dated 13/7/2012 passed in Sessions Case No. 24/10 decided by Additional Sessions Judge, Kopargaon, Dist. Ahmednagar. By the impugned judgment, the trial Court has acquitted both the accused. Being aggrieved by said judgment and order, the appellant/State has preferred leave to appeal vide Criminal Application No. 5279/12. The application was partly allowed. Leave to appeal was rejected as against the original accused No. 2 Viz. Smt. Vithabai Manaji Kale and leave was granted to file appeal as against accused No. 1 - Bharat Manaji Kale. In view of the leave to appeal filed by the State granted against accused No. 1, present Appeal is entertained against the respondent/original accused No. 1. We have heard learned Additional Public Prosecutor for the State and Mrs. M.L. Sangeet, counsel appointed to represent the respondent original accused No. 1. With their assistance, we have thoroughly perused the record and proceedings.

2. In brief the facts of prosecution case as unfolded during the course of trial are summarised as under:

(a) Prosecution has approached with the case that the respondent accused No. 1 got married with Baijabai (deceased) in the year 1991. Since after the marriage, the deceased started to cohabit with the respondent. Out of their wedlock, they have begotten two sons and one daughter. They were residing together with accused No. 2 i.e. the mother of respondents/accused No. 1. Accused No. 1 is Shepherd by profession. As part of his profession, accused No. 1 used to carry his sheeps and stay in the agricultural field of person with whom he entered into an agreement to keep his sheeps for grazing in his agricultural field. As a part of profession, he used to move from one place to another alongwith his family.

(b) It is the case of the prosecution that the respondent accused No. 1 was addicted to liquor. He used to ill-treat his wife Baijabai. Number of times, he had beaten his wife under the influence of liquor. In the year 2009, as it was unbearable for her to sustain any more harassment and beating at the hands of her husband, she left her matrimonial house and went to her parents house. On the intervention of relatives of deceased and her husband, the settlement was arrived and respondent/accused has executed "Samzota Patra" on 20/2/2010. By executing the "Samzota Patra" which was scribed on the stamp paper and notarized before the Notary of Public, the respondent/accused made commitment that in future, he will not cause harassment to his wife Baijabai. On 19/2/2010, the respondent/accused and his family which includes his wife, mother, two sons and one daughter, were staying in the agricultural field of one Jagannath Shelke at village Shingave, Tq. Rahata, Dist. Ahmednagar with their sheeps to graze them in the agricultural field of said Jagannath Shelke.

(c) On 20/2/2010, Raosaheb Kale (P.W. 1) the brother of accused informed police posted at Puntamba out post of police station Rahata that wife of his brother Bharat Kale (i.e. accused) has left the house on 19/2/2010, while the members of the family were sleeping and her dead body found to be lying in the well. On the basis of report lodged, police registered the case as accidental death vide A.D. No. 10/10. Police head constable Maruti Avahad to whom investigation was given to make enquiry visited the spot. The dead body of the deceased was taken out from the well. After inquest panchanama, the dead body was referred for postmortem. The spot panchanama was also carried out by police head constable Maroti Avhad. The dead body of the deceased was handed over to her relatives.

(d) After performing last rituals her dead body, on 20/2/2010, the complaint came to be lodged on 21/2/2010 by Anjabhau Kandalkar (P.W. 2) the cousin brother of deceased alleging therein that the respondent accused No. 1 and his mother i.e. the original accused No. 2 had assaulted deceased Baijabai on 19/2/2010