Cr.Appeal/199/1994 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO.199 OF 1994 The State of Maharashtra ..Appellant VERSUS 1. Prakash Pandurang Bari Age 24 years, 2.Pandurang Narayan Bari, Age 78 years, 3. Subhash Pandurang Bari, Age 30 years, 4. Ramesh Pandurang Bari, Age 35 years, 5.Godabai Pandurang Bari, age 69 years, 6.Bebabai Subhash Bari Age 29 years All residents of Shirsoli, Tq. and Dist. Jalgaon. ..Respondents ... Smt. S.D.Shelke, APP for appellant and Shri Vijay Y.Patil Advocate for respondents-Absent. ... CORAM : A.H.JOSHI & A.R.JOSHI, JJ. Dated : September 16, 2011 ORAL JUDGMENT : (Per A.H.JOSHI, J.):- 1. In all six accused were charged for murder, mis-carriage and destruction of evidence i.e. for the offences punishable under Sections 302, 316, 201, 498-A Cr.Appeal/199/1994 2 read with 34 of the Indian Penal Code, in respect of Gangubai wife of Prakash. 2. The prosecution has tried to tone up the story by suggesting ill-treatment etc. 3. The prosecution has relied upon the testimony of PW 4 Kasturabai, PW 5 Nirmalabai and PW 6 Ramesh to support the prosecution story of beating etc. to deceased Gangubai. 4. PW 6 Ramesh is declared hostile. 5. PW 4 Kasturabai and PW 5 Nirmalabai did not render ocular evidence as to ill-treatment, assault etc. PW 4 Kasturabai and PW 5 Nirmalabai deposed that they had seen "wheal marks on the womb of deceased." 6. The prosecution has placed on record Exhibit 25, which is a letter of reference to the Medical Officer, for examining the corpus of Gangubai. In the said letter, PW 4 Kasturabai is referred. 7. One lady Sarjabai is also referred in Exhibit Cr.Appeal/199/1994 3 25. Sarjabai is quoted to has done to work as midwife and her version is quoted in the said letter, stating that child in the womb of Gangubai was dead and her body did not reveal any injury marks etc. 8. In these circumstances it has to be inferred that the prosecution story, since inception itself, proceeded on a wrong foundation. The prosecution evidence was not secured or organised in that manner. 9. In the result, the learned Sessions Judge found testimony of PW 4 Kasturabai and PW 5 Nirmalabai was contradicted from what the Police had gathered from the examination of the witnesses and Exhibit 25, the reference letter. 10. We are, therefore, satisfied that the appeal has no merits. 11. The appeal is dismissed. (A.R.JOSHI, J.) (A.H.JOSHI, J.) ... akl