LI Network
Published on: 3 August 2023 at 10:30 IST
The Bombay High Court has granted bail to a man accused under various sections of the Maharashtra Police Act and Arms Act, in connection with the killing of his live-in partner and disposing of her chopped body parts.
Justice Amit Borkar, presiding over the case, observed that the prima facie evidence against the applicant was not substantial enough to warrant further detention.
The accused had been charged with serious offenses, including Sections 201 (causing disappearance of evidence), 302 (murder), 392 (robbery), 397 (robbery or dacoity with an attempt to cause death or grievous hurt), 44, Section 37 (1) (3), and 135 of the Maharashtra Police Act, along with Section 4 (25) 27 of the Arms Act.
The Court acknowledged that the identification of the deceased’s body, which was found in a completely decomposed state, would need to be resolved during the trial.
However, at this stage, the material on record against the applicant was deemed insufficient for continued detention.
The applicant had been arrested in August 2021, and the trial was not expected to conclude in the near future.
Advocate Sana Raees Khan represented the applicant, while Additional Public Prosecutor Amit A. Palkar appeared for the respondent/state.
According to the prosecution’s version, the applicant and the deceased were involved in a love affair, but the deceased refused to marry him.
An altercation ensued, during which the applicant allegedly strangled the deceased. Subsequently, he purchased two sacks and borrowed a tempo to dispose of the body parts at separate locations.
The Court took note that the prosecution had not collected DNA samples from the deceased’s family members. Additionally, the body parts that were recovered were highly decomposed, and no blood stains were found in the tempo or at the alleged crime scene.
The Court emphasized that the admissibility of Panchanama (an inventory of seized items) under Section 27 needs to be examined during the trial, allowing the prosecution to lead evidence about the exact timing of the Panchanama and its implications.
In light of these considerations, the Court disposed of the application and granted bail to the accused.
