As per further evidence of Bharti, Priya had visited her house on 16thNovember 2001 and on the following day she took Priya to her matrimonial home and on 19th November 2001 when she was about to leave house to come back to Pen quarrel took place between accused and deceased when accused No. 1 stated to deceased that she should commit suicide and die. Considering this evidence as aforesaid same appears to be material improvement as PW No. 1 Bharti has admitted that though she has stated as aforesaid to Police she is unable to to put forth any reason as to why same is not recorded in her statement. This omission therefore goes to the root of the case thereby dislodging case of prosecution of accused No. 1 saying to deceased to commit suicide and die. Further evidence of PW No. 1 complainant is also not worthy to be relied upon when she admitted that there was some dispute between Priya and her husband prior to incident and he has also issued legal notice to her and has admitted that after the marriage of accused, they were residing separately from deceased and her husband. Though PW No. 1 Bharti, the mother of deceased had denied that Priya was suffering from fits and she was continuously under treatment of Dr. Sabu. From evidence of PW No. 4 Head Constable Mr. Mhatre who has investigated accidental death has admitted that during the course of investigation it revealed to him that deceased was epileptic patient and on the day of incident she had an attack of epileptic in her house.
12. Having admitted as aforesaid, it cannot be said that deceased committed suicide due to any ill-treatment/abatement alleged to have been caused to her by the accused as there is every possibility of deceased committing suicide due to her ill-health.
13. Evidence of PW No. 2 Bhaskar, father of the deceased is also similar when he has stated above incident of alleged ill-treatment provided to deceased Priya about one and half years before and has further deposed about the indulgence by parents of accused No. 2 Jyoti due to which matter was at that time settled and thus no report was lodged. He has thereafter deposed about the incident dated 16thNovember 2001 when Priya had come to her parents home and had complained about ill-treatment provided to her and his wife had reached her to her house on 17th November 2001. He has further stated that on 19th November 2001, at about 9.30 a.m Puja, the daughter of deceased telephonically intimated about quarrel which has arrived between accused, deceased and her mother and therefore states that he started to go to Lonare and on reaching there in noon learnt about suicide committed by Priya. It is material to note that Puja who is daughter of deceased and who is stated to have informed PW No. 2 Bhaskar about the quarrel alleged to have occurred on 19th November 2001 is not examined. Even otherwise evidence of PW No. 2 Bhaskar also appears to be with material omissions when he claims to have stated in the police statement about incident of quarrel which took place one and half years before and further claims to have stated in his statement of indulgence by Police Patil and due to his intervention quarrel was passifed and has further claims to have stated in his statement recorded by police that Puja, the daughter of deceased has telephonically informed about quarrel which was in progress at 9.30 a.m on 19th November 2001, has shown his inability as to why all these facts are not mentioned in his statement. The omissions are found to be duly proved. In that view of the matter evidence of PW No. 2 also is not convincing at all having full of material omission going to the root of the case and as such do not establish involvement of accused for the charge levelled against them.
14. Learned Trial Judge has thus rightly disbelieved evidence of PW No. 1 and PW No. 2 Bhaskar the parents of deceased who are interested witnesses and their evidence even otherwise do not inspire confidence.
In the High Court of Bombay
Criminal Appellate Jurisdiction
(Before P.N Deshmukh, J.)
The State of Maharashtra v. Ramesh
Damodar More
Damodar More
Citation: 2017 SCC OnLine Bom 750
