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2025 Supreme(Bom) 421
IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
R.G. AVACHAT, NEERAJ P. DHOTE, JJ.
Bapurao S/o Khandu Navsare - Appellant
Versus
The State of Maharashtra - Respondent
Criminal Appeal No. 148 of 2023
Decided On : 10-02-2025
Advocate Appeared:
Shri. Rajendrraa Deshmukkh, Sr. Advocate a/w Shri. Vishal A. Chavan
and Shri. Akash Halnawar i/b Shri. Devang R. Deshmukkh – Advocate for the Appellant
Smt. Kalpalata Patil Bharaswadkar – Addl. P.P. for the Respondent/State
The prosecution failed to establish the charges of murder and cruelty against the appellant, as the evidence did not conclusively prove homicide.
Headnote:
(A) Code of Criminal Procedure - Section 374(2) - Indian Penal Code - Sections 302, 201, 498A - Conviction and sentence challenged - Accused convicted for murder, destruction of evidence, and cruelty - Evidence insufficient to establish charges; medical evidence suggested suicide rather than homicide - Appeal allowed, conviction quashed. (Paras 1, 14)
(B) Circumstantial Evidence - The law requires a complete chain of circumstances to establish guilt beyond reasonable doubt - The prosecution failed to provide conclusive evidence linking the accused to the crime. (Paras 6, 14)
Facts of the case:
The appellant was convicted for the murder of his wife, who was found dead in a poultry shed. The prosecution alleged harassment and financial demands leading to her death. The evidence presented was primarily circumstantial. (Paras 2.1, 2.2)
Findings of Court:
The court found that the prosecution did not establish the charges against the appellant, as the evidence was insufficient to prove homicide. (Paras 14)
Issues: The main issues were whether the evidence established the charges of murder and cruelty, and whether the death was a result of homicide or suicide. (Paras 6, 14)
Ratio Decidendi: The court ruled that the prosecution failed to establish a conclusive case against the appellant, emphasizing the importance of medical evidence in determining the cause of death. (Paras 14)
Result: Criminal Appeal is allowed; the conviction is quashed and the appellant is acquitted.
JUDGMENT :
[Neeraj P. Dhote, J.]
1. By this Criminal Appeal under Section 374(2) of the Code of Criminal Procedure [hereinafter referred to as ‘Cr.P.C.’], the Appellant has challenged his conviction and sentence recorded by the learned Additional Sessions Judge, Shrigonda; in Sessions Case No. 121 of 2019, by the Judgment and Order dated 15.12.2022. The operative Order reads thus : -
“ORDER
(1) Accused Bapurao Khandu Navsare is hereby convicted as per provisions of Section 235(2) of Code of Criminal Procedure, for the offence punishable under Section 302 of Indian Penal Code and he is sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/- (Rs. Five Thousands only) in default to suffer simple imprisonment for 6 (six) months.
(2) Accused Bapurao Khandu Navsare is further convicted as per Section 235(2) of Code of Criminal Procedure, for the offence punishable under Section 201 of Indian Penal Code, and he is sentenced to suffer rigorous imprisonment for 3 (three) years and to pay fine of Rs.2,000/- (Rs. Two Thousands only) in default to suffer simple imprisonment for two months.
(3) Accused Bapurao Khandu Navsare is further convicted as per Section 235 (2) of the Code of Criminal Procedure, for the offence punishable under Section 498-A of Indian Penal Code, and he is sentenced to suffer rigorous imprisonment for 2 (two) years and to pay fine of Rs.2,000/- (Rs. Two Thousands only) in default to suffer simple imprisonment for 2 (two) months.
(4) to (10) ……………………….”
2. The Prosecution’s case, as revealed from the Police Report, is as under:
2.1. The Appellant and Rupali [hereinafter referred to as ‘Deceased’] got married eleven [11] years ago from the date of incident. After marriage, Deceased went to her matrimonial home. From the wedlock, they had two Sons. Initially, the Appellant was working as a Driver, however, one [1] year prior to the incident, he gave up the said work and started agricultural work. From three [3] years prior to the incident, Deceased was being harassed by the Appellant. Two [2] months prior to the incident, the Appellant erected the poultry shed in his agricultural field. He was asking Deceased to get Rs.1.5 lakh from her parents for starting poultry business. On 18.01.2017, Deceased telephonically asked her brother Sandeep Kalbhor, the Informant, to provide financial help of Rs.50,000/- for bringing Chicks. Appellant asked the Informant to give bearer cheque of Rs.50,000/- and accordingly, it was handed over to the Appellant, however, the harassment to the Deceased continued. Deceased and the Appellant used to sleep in the said poultry shed in the night.
2.2. On 31.01.2017 around 10:00 am, the maternal cousin came to the house of Informant and informed him that Deceased was no more. The Parents and Brother of Deceased reached her matrimonial home at Navsarwadi. They noticed her dead body in the house. There were marks over the neck. The people gathered over there informed that Deceased hanged herself in the poultry shed and her body was brought home. Police arrived and referred the body for post-mortem. The cause of death was revealed as “Death due to constriction of neck due to ligature”. On 01.02.2017, the dead body was handed over to the relatives and the last rites were performed. On 02.02.2017, the Informant lodged Report with Karjat Police Station against the Appellant that his sister was being harassed and the Appellant committed her Murder and hanged the body to show that, it was the Suicide. The Report was taken and Crime No. 39 of 2017 came to be registered against the Appellant for the offence punishable under Sections 302, 498A, 323, 504, 506 of the I.P.C.
2.3. During the investigation, the panchanamas were drawn and the statements of witnesses were recorded. The Appellant came to be arrested. The clothes of the Deceased and the Appellant came to be seized. The opinion of Doctor came to be sought. The post-mortem report came to be collected and the seized articles were referred for Chem
