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IN THE HIGH COURT OF BOMBAY AT AURANGABAD
T.V. NALAWADE, MANGESH S. PATIL, JJ.
Laxman & Another - Appellant
Versus
The State of Maharashtra, through the Police Station Officer, Ashti, District
Criminal Appeal No. 514 of 2014
Decided On : 03-09-2020
Illicit Relations - Criminal Procedure - Code of Criminal Procedure - Section 374, Indian Penal Code - Section 302, Section 34, Section 437A - [KEYWORD] - [SUBJECT] - [Section 374, Section 302, Section 34, Section 437A] - The judgment discusses the prosecution's case of illicit relations between the deceased and the appellant's wife, previous quarrels, telephonic conversations, and the subsequent murder. The court analyzes the evidence, including the Call Data Record, and concludes that the circumstances do not form a complete chain to establish the guilt of the appellants, leading to their acquittal.
Fact of the Case:
The deceased was alleged to have illicit relations with the appellant's wife. A previous quarrel occurred, and the deceased had telephonic conversations with the appellant No.2 before being found murdered. The prosecution heavily relied on circumstantial evidence.
Finding of the Court:
The court found that the circumstances, including the motive, previous quarrel, and telephonic conversations, did not form a complete chain to establish the guilt of the appellants. As a result, the appellants were acquitted and set at liberty.
Issues: The main issue was whether the prosecution's circumstantial evidence was sufficient to establish the guilt of the appellants.
Ratio Decidendi: The court held that while the prosecution's evidence established certain circumstances, it did not form a complete chain to conclusively prove the guilt of the appellants, leading to their acquittal.
Final Decision: The appeal was allowed, the impugned judgment was quashed, and the appellants were acquitted and set at liberty.
JUDGMENT :
Mangesh S. Patil, J.
This is an appeal under Section 374 of the Code of Criminal Procedure.
2. Briefly stated the prosecution case is to the effect that deceased Ramkisan was resident of Matkuli Tq. Ashti District Beed. He was serving as a lecturer. There were illicit relations between him and the wife of the appellant No.1. It is alleged that the family members of both the sides were aware about such intimacy. Even attempts were made to sever such illicit relations with the intervention of some persons. It is alleged that on 26.05.2013 a quarrel ensued between the appellants and Ramkisan in a cattle camp of village Pokhari on account of the same cause. Soon after the incident Ramkisan informed his brother Kailas (PW-2) who advised him to approach police. Accordingly he went to Ashti Police Station and lodged a complaint about which a Non-Cognizable case Report (Exhibit-36) was registered by police constable Gaikwad (PW-5). The appellant No.2 happens to be the cousin of the wife of appellant No.1.
It is then alleged that in the night intervening 26.05.2013 and 27.05.2013 Ramkisan along with his family and Kailas (PW-2) who was residing in the same house separately had dinner and went to sleep. Ramkisan and his family members were sleeping in the yard of the house. It is then alleged that during that night Ramkisan had telephonic conversation with the appellant No.2 and left the house, even while his wife Savita (PW-6) was asking him as to where was he going in the midnight. Assuring her that he would return he left the house. It is then alleged that in the early morning Ambadas (PW-4) who was resident of the same village Matkuli, while going to his filed saw Ramkisan dead in the bank of a river. He went to the house of Kailas (PW-2) informing about it. It is then alleged that Kailas (PW-2) along with Savita (PW-6) rushed to the spot, shifted Ramkisan to the Civil Hospital at Ashti where he was declared dead.
Accidental Death Case No.13/2013 was registered at Police Station Ashti. An inquest was drawn. The dead body was shifted to Ghati Hospital at Aurangabad where the post mortem examination was performed by Dr. Kailas Zine (PW-7) he noticed following injuries:
1. Contused abrasion present over infra clavicular region of right chest of size 8x6.5 c.m., reddish,
2. Contused abrasion present over lateral aspect of upper 1/3 rd of right arm of size 5x3 c.m., reddish,
3. Abrasion present over posterior aspect of right elbow joint of size 2x1 c.m., reddish,
4. Abrasion present over right deltoid region of size 1x1 c.m., reddish,
5. Abrasion present over middle part of right aspect of mandible region of size 1x1 cm., reddish,
6. Abrasion present 2 c.m., below injury No.5 of size 2x1 c.m., reddish,
7. Contused abrasion present over medial aspect of right elbow joint of size 3x2 c.m., reddish,
8. Multiple contused abrasion present over lateral aspect of middle part of left thigh of size 2x1 c.m., to 1x1 c.m., reddish,
9. Multiple contused abrasion present over lateral aspect of upper part of left arm of size 2x2 c.m. to 1x1 c.m., reddish,
10. Contused abrasion present over left deltoid region of size 2x1 c.m., reddish,
11. Contused abrasion present over scapular area of right back of size 3x2 c.m., reddish,
12. Two abrasions 5 c.m. apart present over lower part of anterior aspect of left knee joint of size 1x1 c.m., of each., reddish.
3. Post Mortem Notes (Exhibit-39) were prepared. A provisional opinion (Exhibit-42) was given about the death having been caused by poisoning with fracture of cervical spine. The viscera was preserved and was sent for chemical analysis. After receipt of the report of the chemical analysis final cause of death certificate (Exhibit-40) was issued, certifying that the cause of death was 'O rganochloro insecticide - Endosulfan poisoning with fracture of cervical spine at C6 level with multiple injuries' .
4. In the meanwhile Kailas (PW-2) lodged a report (Exhibit-31) inter alia alleging that both the appellants hav
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