PANAJI
A trial court has dismissed the bail plea of murder undertrial, Aatish Naik, observing that the offense is not only serious but is punishable with the capital sentence.
Naik is charged with killing his wife Tanuja “ a student of first year BA - on July 3, 2017.
Additional Sessions Judge, Panaji sitting at Ponda, Cholu Gauns admitted to the prosecution’s submission that Section 302 of IPC is punishable with imprisonment for death or imprisonment for life or shall also be liable for fine, while dismissing the plea on Wednesday.
“It can also be seen from the offense for which the accused is charge-sheeted is punishable with capital punishment. Thus offense is a very serious offense. Since the offense is serious and punishable with capital sentence and further that the matter is at the fag end of the trial, I am not inclined to grant bail,” reads the order.
As per the charge sheet, suspecting his wife of infidelity, Aatish allegedly smothered her to death in his ancestral house at Gaunem shortly after the couple arrived from Raia. The accused left the house telling his aunt, living next door, that he was going to fetch lunch but since Tanuja did not answer her calls till evening, the police were called who found her dead.
An autopsy revealed she died due to compression of the nose, mouth and throat.
Aatish was arrested thereafter and as of date, he has completed more than six years in custody.
MO untraceable
In the ongoing trial, the evidence of the last witness “ investigating officer “ has been temporarily hit as the MO is untraceable.
“...It is a fact that as on date prosecution has almost completed examination of all witnesses and the matter is scheduled for the evidence of the last witness who is the investigating officer. His evidence is interrupted as some of the MO’s are not traceable,” the order states.
The Court further observed that the case rests on circumstantial evidence; however, there is material on record through the first panch witness to prove the accused was last seen with the deceased.
“There is also material on record to show the motive behind the murder…” it said adding the gravity and seriousness of the offense is the main criteria.
