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The Bombay High Court in a recent decision has acquitted an army man who was convicted for murdering his wife after 27 long years. The Division Bench of Justice Prasanna Varale and Justice N R Borkar set aside the conviction stating that based on the evidence produced, the trial court was not justified in convicting the man. 

The wife of the accused was allegedly murdered by the accused in 1995 who was serving at in Indian Army at Danapur. The prosecution alleged that the deceased was treated well for two years and thereafter, the accused used to beat the deceased under the influence of liquor and used to suspect her character. Based on the evidence produced the trial court convicted the accused of smothering his wife to death and sentenced him to rigorous imprisonment for life. 

The Court noted that the evidence produced by the prosecution's doctor did not match with inquest panchanama at . According to the inquest panchanama, there were no external injuries on the person of the deceased including on the face of the deceased. The Court noted that according to inquest panchanama, the eyes of the deceased were closed where the prosecution's doctor specifically admitted that in case of death by suffocation, the eyes will be open. 

Thus, the Court concluded, 

"Considering overall facts and circumstances, it is difficult to hold that the death of deceased was homicidal. The trial Court was, therefore, not justified in convicting the appellant/accused on the basis of evidence of PW-5, PW-6 and PW-8. In the result, the following order is passed."

Sanjay @ Sanjeev Hanmant Nikam v. The State of Maharashtra