THE Bombay High Court in a recent judgment acquitted a Bhayander-based woman of the charge of murdering her husband.
The court held that it was a case of suicide and observed that the complainant had deliberately implicated the accused for usurping property of the victim.
The court also acquitted two other accused,Motilal Prajapati and Mainuddin Mustafa,who worked in a bakery opposite to the house of the deceased Nanhelal Gupta.
A division bench of justices V K Tahilramani and P D Kode observed that after Nanhelals death and arrest of his wife Bindu,the business of the couple came into the hands of their relative one Mahendra Gupta the complainant in the case.
Referring to these aspects,the judges said,Thus,in such a case,Mahendra had every motive to falsely implicate Bindu and the other accused.
The prosecution relied on the testimony of one of the daughters of the couple named Pooja,and claimed that she was an eyewitness to the incident.
However,the High Court took into account a specific statement of the daughter,who said she was sleeping when the incident took place at 2 am. It also noted that she was living with her cousin brother Mahendra and that she could have been influenced by him.
The court in its order said,We are of the opinion that the prosecution has not proved its case against any of the appellants beyond reasonable doubt. It observed that there was no evidence of any recovery or seizure at the instance of the accused.
The doctor who performed the post- mortem also deposed that injuries sustained by him could have been due to hanging.
Lawyer for two of the accused Arfan Sait said,Apart from the injuries sustained due to hanging,there were no other injuries on the body. This suggested that it was a case of suicide.