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16. By analyzing the evidence of PW14, it only clarifies the fact that the body found at Amboli Ghat is that of the mother of Satyashree. Admittedly, in the instant case on hand, the prosecution has not produced any material to show that the body found at Amboli Ghat has been subjected to post mortem and even the doctor has also not been examined. To prove the offence of murder the death should be homicidal, of which onus in criminal trial is upon the prosecution. The absence of legal proof of the death being homicidal appears to be a serious lacunae and when the report of the doctor to prove the homicidal death is not obtained, the benefit will go to the accused and not to the prosecution. The same issue came up before the Madhya Pradesh High court in the case of Shobhau alias Shubhau Vs. State of M.P. reported in 1998 Cri.L.J. 3934. At para No.7 of the said judgment, it has been observed as under:

"7. To prove an offence of murder the death should be homicidal of which onus in a criminal trial is upon the prosecution. In the absence of legal proof of the death being homicidal, because of the serious lacuna of not obtaining the report of Anatomy Expert to prove homicidal death, the benefit will go to the accused and not to the prosecution, as this seals the fate of the prosecution and on this ground the accused cannot be held to legal criminality of the offence under Section 302 of the Indian Penal Code."

17. At this juncture, learned Addl. SPP contended that the Investigating Officer was unable to find the cause of death because the dead body was in a decomposed state. It is well settled principle of law that the prosecution has to establish that the death of the deceased was homicidal death and in the absence of any such material, it could not be said that the person whose body was recovered, died a homicidal death. This proposition of law has been laid down by the Hon'ble Apex Court in the case of State of Punjab Vs. Bhajan Singh & Others reported in AIR 1975 SC 258. At para 13 of the said judgment, it has been observed as under:

18. In the case on hand, in the first instance there is no material to show whether the doctor has visited the place and has tried to conduct the post- mortem over the body of the deceased which has been traced at Amboli Ghat. The moot question which remains for consideration of us is, whether the dead body which is said to have been recovered was of a person who died homicidal death. Merely because the body is decomposed that will not take away the burden of the prosecution to establish the fact that the death of the deceased, whose body has been recovered was a homicidal death. When there is no medical evidence to show that the deceased died homicidal death, the prosecution cannot establish its case only on suspicion.