After 27 years, an army man has been acquitted from the charges of murdering his wife. The HC acquitted the army man, who was serving in Indian Army at Danapur, Patna in State of Bihar at the time, observing that “it is difficult to hold that the death of deceased (wife) was homicidal”.
A division bench of justices Prasanna Varale and N R Borkar was hearing an appeal filed by the army man challenging the order of the sessions court at Satara. On July 13, 1998, the sessions court sentenced him to life imprisonment for allegedly smothering wife. The sessions court had also convicted him for cruelty towards his wife and sentenced him one year’s of imprisonment.
According to the prosecution, the army man treated his wife, Monika, well for two years after their marriage in June 1991.
He hails from village Ural in Satara and was posted at Patna at the relevant time.
Additional public prosecutor Mankunwar Deshmukh said that on July 14, 1995, the army man smothered Monika after a fight in an inebriated state. Due to harassment, Monika had gone back to her parents’ house. Due to harassment, she refused to go to Patna where he was posted.
However, in May 1995, the army man went to his village in Satara and convinced his in-laws to send her back to matrimonial home. Few days later, Monika’s father received a phone call that she had died. When they went to the local hospital, they found that froth was oozing from her mouth and nose. Hence they filed an FIR against the army man.
Hiten Venegaonkar, the army man’s counsel, argued that the trial court had wrongly held that Monika’s death was homicidal. Besides, the prosecution had failed to show evidence that Monika was being harassed.
Also, there were no struggle marks on her body, which rules out homicide, argued defence.
According to the post mortem report, Monika’s lungs’ condition was severely congested. It suggested that the death was due to asphyxia due to suffocation.
According to inquest panchanama, the eyes of the deceased were closed. The doctor who conducted the post mortem had informed the court that in case of death by suffocation, the eyes will be open.
.png)
