High Court of Bombay at Goa on Monday acquitted an accused, Amita Bhomkar of Bhoma-Ponda in a case related to murder.
The prosecution case in brief was that on October 27, 2015, the accused, allegedly assaulted her husband Tatu alias Nilesh Bhomkar with a wooden danda on the first floor of an under-construction building at Marcel market, thereby causing injuries on his head and other parts of the body and he succumbed to injuries.
The appellant was convicted under Section 302 of IPC with imprisonment for life and to pay fine of Rs 1,000 and in default to undergo rigorous imprisonment for a period of two years vide judgment and order dated August 19, 2019 and August 31, 2019, before the Sessions Judge, North Goa, sitting at Ponda.
The counsel for the appellant submitted that the entire case is based on circumstantial evidence and the Sessions Judge has failed to appreciate the same in its proper perspective. There is no eyewitness to the assault.
The High Court observed that the Sessions Judge misconstrued the last seen theory. For application of last seen theory, the accused and the deceased have to be seen together by someone within the proximate time of the death of the deceased. It is also come on record that the place where deceased was lying was an under-construction site and there was construction material lying there. Possibility of injuries due to falling of such material also, cannot be ruled out.
Considering the overall material on record, the prosecution failed to establish beyond reasonable doubt that the accused has committed murder of her husband Tatu Bhomkar and therefore, she is entitled to be acquitted.