Pune: A Vadgaon Maval court has acquitted a 40-year-old agriculturist accused of murdering his wife by setting her ablaze in 2019, holding that the prosecution failed to establish that the woman was physically and mentally fit to give the statement that formed the basis of the case.Additional sessions judge DK Anbhule passed the order on Aug 24, acquitting the man of charges under sections 302 (murder), 307 (attempt to murder) and 498A (cruelty by husband) of the Indian Penal Code (IPC). He had been in judicial custody since his arrest in Jan 2019.According to the prosecution’s case recorded in the judgment, the accused’s wife (37) had alleged that her husband frequently cast aspersions on her character, assaulted her and drove her out of the house on several occasions. The couple had two children, a daughter born in 2010 and a son born in 2013.On Jan 23, 2019, around 11.45pm, the woman allegedly went behind their house to urinate and was speaking to her cousin-in-law, who had gone there to feed his cattle. Her husband allegedly saw them, accused her of having an affair, abused her and dragged her inside the house. The prosecution alleged that he assaulted her in the kitchen, poured kerosene on her and set her on fire. Family members allegedly rushed to the spot after hearing her screams and extinguished the flames. She was first taken to a hospital in Kamshet and later shifted to Sassoon hospital.The woman allegedly gave a statement at the hospital to police constable Ajay Darekar on Jan 25. The prosecution said the statement was recorded in her presence, bore a doctor’s signature and carried her toe impression. The statement formed the basis of the FIR under IPC sections 302, 307 and 498A.However, the court noted that a medical opinion from Mahavir Hospital recorded that the woman had suffered 70-75% burns, was unconscious and not in a condition to give a statement. The doctor before whom the statement at Sassoon hospital was allegedly recorded was not examined by the prosecution.The court held that the prosecution had failed to establish that the woman was physically and mentally capable of giving the statement. It also noted that several key witnesses, including her mother, brother, daughter, sister-in-law and mother-in-law, did not support the prosecution’s case. The court consequently held that the prosecution had failed to prove the accused’s guilt beyond reasonable doubt and acquitted him.The court directed that the accused be released from Yerawada prison.
