Point of law: Murder of wife - Conviction based on circumstantial evidence - Upheld against A1 as Accused not attended duty at the time of death causing doubt/suspicion and he was in an intimate relationship with his sister-in-law.

JUDGMENT :

(Per Sadhana S. Jadhav, J.)

1. The appellants have taken an exception to the Judgment and Order dated 23rd May 2014 passed by the Ad hoc District Judge-3 and Additional Sessions Judge, Nashik in Sessions Case No.282 of 2012 by which the appellants have been convicted for the offence punishable under sections 302, 120-B r/w 34 of Indian Penal Code for life imprisonment and pay fine of Rs.500/- each, in default to suffer S.I. for one month each.

2. Such of the facts necessary for the decision of this appeal are as follows :-

(i) That the appellant no.1 - accused no.1 - Akbar Khan was married to Afsana Begum. The appellant no.1 was working as Hawaldar in Light Regiment and hence, was residing in the Military Quarters Nos. P-9/8/ OG Line, Deolali Camp, Dist. Nashik. The appellant’s duty was at the Army Rest House from morning to evening i.e. 6.30 am to 1.00 pm and from 3.00 pm to 6.00 pm.

(ii) The incident in question has occurred on 7th September 2012. On 7th September 2012 the wife of the appellant Afsana Begum (hereinafter referred as “the deceased”) was taken to the Medical Officer Hospital by Subhedar Prasad and Nursing Assistant Naik Mehetre. At about 6.30 pm, the deceased Afsana was found unconscious at her family quarters. Her pulse could not be recorded. At about 6.50 pm, she was examined by Major Satish Dhage (P.W.1). He could not find any respiratory movement, B.P. was not recordable, her pupils were dilated and fixed. P.W.1 tried to revive the patient but there was no response and hence, she was declared dead and the conclusion drawn by P.W.1 was that she was brought in dead condition. He addressed a letter to the Civil Police Station, Deolali Camp reporting death case and the said certificate is at Exh.26. P.W.1 on external examination, had found multiple irregular abrasions on her anterior aspect neck. Abrasions were found at the middle of neck region, there was blood stains and small abrasions around mouth. He issued a certificate of medico-legal case which is marked at Exh. 27. A death notification was issued in the name of the deceased which is at Exh.28. According to P.W.1, the cause of death was not known. Despite an opportunity P.W.1 has not been cross-examined and hence, it can be safely stated that the said documents which are at Exhs.26, 27 and 28 are admitted by the accused. At Deolali Camp, Accidental Death No.41 of 2012 was registered at about 11.30 pm on 7th September 2012 at station diary No.54/2012 and the said A.D. report is at Exh.38. The prosecution has examined as many as 20 witnesses to bring home the guilt of the accused.

3. That the inquiry in A.D. No.41/2012 was given to Anil Pawar, Investigating Officer - P.W.20, who in the course of inquiry visited the house of the appellant. He found that the domestic articles were scattered helterskelter and the pillows were lying down. He suspected that it could be only the husband of the deceased to be the perpetrator because the ingress and egress to the military quarters is not very easy. He soon realised that the scene of there being a theft in the house was created and therefore, he inquired with the Medical Officer of Civil Hospital, Nashik about the cause of death. It is pertinent to note that the post-mortem notes which are at Exh.75 are admitted by the accused no.1. The Medical Officer upon seeing the post-mortem notes which are at Exh.75 informed P.W.2 that the cause of death is “asphyxia due to throttling”. P.W.2 had also gone through the certificate issued by the Medical Officer, Civil Hospital, Nashik which indicated clearly that the cause of death was “asphyxia due to suffocation”. The Medical Officer had given a letter to P.W.2 in respect of the cause of death on 8th September 2012 i.e. on the very next day. It was also clarified by the Medical Officer that it may be a case of throttling, strangulation, gagging and smothering. The said letter is at Exh.33. P.W.2 was rest assured that it could be none other than the accused no.1 - appel