Additional sessions judge SB Shelar delivered the judgment on Sept 10
Pune: A 76-year-old worker, who spent about seven years in custody after being accused of murdering his then-64-year-old wife in 2019, has been acquitted by a Junnar court after it found that the prosecution could neither conclusively establish that her death was homicidal nor prove that he was the last person seen with her before her death. Additional sessions judge SB Shelar, in a judgment delivered on Sept 10, said the prosecution failed to establish that the accused was last seen with his wife before her death. On Aug 18, 2019, the accused and his wife had come to stay in a room behind a bungalow in Narayangaon, after he sought permission to stay there, according to the complaint. On the morning of Aug 19, the room was found with its door unbolted and accused’s wife was found lying injured inside.
The court also found that the medical evidence did not conclusively establish that her death was homicidal and that the possibility of her injuries having been caused by a fall had not been ruled out. The prosecution’s case was that the couple quarrelled that night. She was subsequently declared dead, following which police registered an FIR for murder at Narayangaon police station.
Court Questions Cause of Death in Legal Proceedings
The court proceedings revealed that the medical officer initially determined the cause of death to be a head injury. However, during cross-examination, the officer acknowledged that some injuries might have resulted from a fall, particularly given the deceased’s advanced age. Additionally, the officer noted that intracranial blood clots could potentially arise from a tumor. Consequently, the court highlighted that the prosecution had not definitively proven that the death was a homicide.
The accused was in jail since Aug 19, 2019. The court further noted that the sickle and iron pestle allegedly recovered during the investigation were never shown to the medical officer for an opinion on whether they could have caused the injuries. It also found no conclusive forensic link connecting the accused to the seized articles. Considering his prolonged incarceration and the nature of evidence that emerged during trial, the court directed that his case be referred to the District Legal Services Authority (DLSA) for consideration of his claim for compensation.