Murder Charge Ought To Have Been Principal Charge, Trial Court Committed Grave Error: Bombay HC While Acquitting Husband In Dowry Death Case
Case: Mangesh s-o Deorao Kannake v. State of Maharashtra
Coram: Justice G. P. Sanap
Case No.: Criminal Appeal No. 260 of 2021
Court Observation: “If the demand of dowry and ill-treatment on that count was narrated by the deceased, then PW1 (father) without wasting time could have lodged the report. In my view, this would reflect on their conduct. Their conduct in the facts situation, appears to be contrary to the conduct of man of prudence placed in a similarly situation”
“It is seen that this error committed by the learned Session Judge has further been compounded by the prosecution. It is seen that prosecution has accepted the judgment and order passed by the learned Sessions Judge without any demur. At the trial stage, learned prosecutor incharge of the case before the Sessions Court did not apply for alteration or addition of the charge after obtaining the final opinion of cause of death”.
“The deceased had sustained three injuries to her neck. The injuries clearly indicated that deceased was strangulated, killed and thereafter thrown in the pond. Injuries were antemortem. It therefore goes without saying that in this case the death was pure and simple homicidal death,”
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Keywords
Murder Charge, Principal Charge,
