There was no evidence that the appellant (Jagpap) had thrown his wife Chetna into the well
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Mumbai: Bombay High Court has acquitted a 35-year-old man of the charge of killing his wife by throwing her into a well seven years ago.
The conviction of Baban Jagtap, who hails from Pune, under IPC section 302 (murder) was quashed and set aside on July 7 by a bench headed by Justice PV Hardas who observed that there was no evidence that the appellant (Jagpap) had thrown his wife Chetna into the well near his house.
As the well had no parapet wall, it is quite possible that the deceased may have fallen accidentally into the well, observed the Judge while granting benefit of doubt to Mr Jagtap who had filed an appeal challenging the judgement of a Pune court which had convicted him in January 2011.
The injuries sustained by Chetna, according to a doctor who conducted the post mortem of the body of deceased, were a day-old. In cross-examination, the doctor admitted that the injuries could be caused by a person accidentally coming in contact of hard and rough surface.
The prosecution had also charged the accused with attempting to throw his child into the well. However, the prosecution failed to prove it and the High Court absolved the appellant of attempt to murder charge.
According to prosecution, the appellant used to beat his wife and had demanded Rs. 50,000 to buy a truck. His father-in-law, who was a witness, told the court that he had given Rs. 50,000 to the appellant but still he continued to beat his wife.
On July 17, 2008, Mr Jagtap in a fit of rage threw his wife into a well, the prosecution alleged.
( Source : deccan chronicle )
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