The State Of Maharashtra vs Kamlakar Tanaji Shinde on 7 September, 2010
Mr. Mane submitted that the time gap between the point
of time when the deceased was last seen alive with the
accused and the point of time the dead body was found, is
large, hence, there is every possibility that someone else
committed the murder. Moreover, he stressed that in the
present case, it is extremely difficult to give the exact
time of death of the deceased. He further pointed out that
26
::: Downloaded on - 09/06/2013 16:24:19 :::
conf4-09.doc
as the body was not sent for postmortem it was not possible
to ascertain the exact time of death of the deceased, he
argued that in such case, it cannot be said that the accused
was responsible for the death of Draupadi. Mr. Mane relied on
the decision in the case of Ramreddy (Supra) wherein the
accused came to be acquitted as the exact time of death of
the deceased could not be stated. We have carefully gone
through the said decision and we find that it was not the
sole ground on which the accused came to be acquitted. The
circumstances in the said case were not reliable and
clinching to prove the guilt of the accused and the
ig said
observations were made in the peculiar facts of the said
case. Such is not the case in the present case.