How to appreciate evidence when prosecution put forth the case that wife was pregnant when she has committed Suicide?

 Here while advancing submissions, learned APP fairly pointed out that prosecution's evidence in trial court does not show deceased Manisha to be pregnant. Therefore, at the threshold it is required to be ascertained as to whether it is so. It assumes significance because very prosecution version is that deceased was not sent for delivery unless their alleged demand was met. {Para 9}

10. In above backdrop, it has become imperative for this court to first study the evidence in that regard and for the same evidence of medico - legal expert, i.e. PW8 Dr. Kiran Patil is required to be visited. His evidence at Exh.74. While under examination-in- chief deposed about conducting post mortem (Exh.41) and testifying about contents therein to be true and correct. He deposed that, if a lady was carrying pregnancy is ablazed and if she sustains burns, she could get aborted because of such burns, immediately.

However, while under cross at the hands of defence, he answered that, on the basis of post mortem report, it is his say that, the patient Manisha was not carrying pregnancy.

11. Apart from above evidence, if we visit post mortem report (Exh.41), in paragraph no.21 as regards to organs of generation and state of contents of stomach, remark is "uterus empty". In trial court, Exh.40 is finding place which is certificate issued by autopsy surgeon in response to letter dated 08.08.2002 communicating that "as per your letter received on 08.08.2002 in 462/2002, PM No.152 OF 2002 Manisha @ Munni Satish Patil A/P Jamod was found not pregnant, "uterus empty" at P.M. and final cause of death is "shock due to 100% mixed thermal burns."

PW4 Shobha, a nurse, who is also examined by prosecution to show that deceased was pregnant and accordingly card (Exh.57) was issued by Primary Health Centre, in examination- in-chief, stated that, deceased was examined in "Shibir" (Health Camp). That, her mother-in-law had informed that, her menstruation cycle had stopped. Witness stated that, on examining Manisha, she found her to be carrying pregnancy, but while under cross she answered that, she has studied up to 12th standard. She answered that, after putting her palm on the stomach of Manisha, she could "guess" that she was carrying pregnancy. She admitted that, when pregnant woman expires, autopsy is conducted, then there must be mentioned the fact of pregnancy in post mortem report. She further answered that, she did not make enquiry with Manisha whether she was prescribed any medicine by any doctor. She answered that, as her belly was found in bigger size, she deposed that, she was pregnant. She also answered that, she has not brought a book carrying record of issuance of card.

12. Taking into account above discussed material on behalf of very prosecution, here there are serious doubts about alleged pregnancy of deceased Manisha. More particularly, autopsy surgeon has in writing as well as before the court, admitted that, uterus was empty. Meaning thereby, there was no fetus and as such no pregnancy.

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Criminal Appeal No. 413 of 2004

Decided On: 14.12.2024

Satish Bhagwan Patil and Ors. Vs. The State of Maharashtra

Hon'ble Judges/Coram:

Abhay S. Waghwase, J.

Citation: MANU/MH/7535/2024.

Read full Judgment here: Click here.

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