Full Judgment Text
: 1 :
2005:BHC-AS:15010-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.356 OF 2005 CRIMINAL WRIT PETITION NO.356 OF 2005 CRIMINAL WRIT PETITION NO.356 OF 2005
Dattaram A. Awate )
Age abouit 54 yrs. Indian )
Inhabitant, residing at present )
Milind Kadam, Vad Naka, NGAR )
Bhari Temple, Siddhakala )
Apartment, Chiplun, Tal.Chiplun )
Dist. Ratnagiri. )...Petitioner
Versus
1. State of Maharashtra, )
2. C.I.D. Ratnagiri. )...Respondents
Mr.C.K.Pendse for the petitioner
Mr.B.H.Mehta, APP for respondent No.1 State
CORAM : R.M.S.KHANDEPARKAR & CORAM : R.M.S.KHANDEPARKAR & CORAM : R.M.S.KHANDEPARKAR &
P.V.KAKADE, JJ. P.V.KAKADE, JJ. P.V.KAKADE, JJ.
DATE : DATE : 25TH AUGUST, 2005 DATE :
::: Downloaded on - 31/03/2026 20:01:11 :::
: 2 :
ORAL JUDGMENT : (Per Kakade, J.) ORAL JUDGMENT : (Per Kakade, J.) ORAL JUDGMENT : (Per Kakade, J.)
1. Heard. Rule, by consent rule is made returnable
forthwith.
2. By the present Petition the petitioner is
seeking the order of transfer of investigation in
Sessions Case No.19 of 2003 pending before the Sessions
Court, Ratnagiri, pertaining to C.R. No.70 of 2001 of
Chiplun Police Station to Special Branch of C.I.D.
Mumbai or any other investigating agency on the ground
that the investigation made by local Chiplun Police
Station as well as District C.I.D. is carried out not
only in haphazard manner, but to hush-up the crime by
suppressing the facts and destroying material pieces of
evidence as well as with the intention to protect the
accused contrary to the provisions of law.
3. At this juncture we may note that the impugned
incident took place within the jurisdiction of Chiplun
Police Station, District Ratnagiri, the complaint was
lodged at Guhagar Police Station, which was transferred
::: Downloaded on - 31/03/2026 20:01:11 :::
: 3 :
to Chiplun Police Station where investigation was
commenced by the local police. However, due to various
allegations made by the Petitioner the matter was
transferred for investigation to local C.I.D. Branch
under C.I.D. Ratnagiri, who conducted the investigation
and filed the charge-sheet and eventually the case was
committed to the Court of Sessions, Ratnagiri (Sessions
Case No.19 of 2003) for offences punishable under
Sections 498-A and 306 r/w 34 of the Indian Penal Code
against two accused persons. However, in the Sessions
Court the petitioner made further application alleging
that the C.I.D. Ratnagiri had not done proper
investigation and therefore, there was need of further
investigation in the case, which application came to be
allowed by the learned Sessions Judge, Ratnagiri with
direction that C.I.D. Ratnagiri shall carry out further
investigation under Section 173(8) of Criminal Procedure
Code. It was further directed by the learned Sessions
Judge that C.I.D.Ratnagiri, if found appropriate, may
take guidance from C.I.D. Crime Branch, Mumbai. While
passing the said order the learned Sessions Judge was of
the view that it was not within his jurisdiction to
specify any particular officer or branch to take up the
investigation and hence said order came to be passed.
::: Downloaded on - 31/03/2026 20:01:11 :::
: 4 :
Therefore, it is submitted by the petitioner, the
present writ petition is filed for two reasons, firstly
for seeking proper direction in this regard and secondly
for necessary direction to conduct proper investigation
in the case of death of his young married daughter.
4. It is the case of the petitioner that his
daughter was married to one Vijay Chavan, one of the
accused in the case. Said Darshana was serving as a
nurse and thereafter for some time receptionist with
Dr.Mohite, the other accused, at Chiplun and had left
the job after her marriage, which was allegedly settled
by Dr.Mohite acting as a middle person. The accused
Vijay Chavan was working as a X-ray technician in
Dr.Mohite’s dispensary. Darshana’s dead body was seen
at the sea shore of Velneshwar, Tal. Guhagar at the
distance of about 50-55 km. from Chiplun where she
resided, at about 2.00 p.m. on 11.5.2001 by some
villagers. The body was found in half naked condition
in the sense that she was wearing Payjama, but all
clothes on upper body were missing. The body was seen
on the sea shore by some villagers and police were
informed. Accidental death Register No.21 of 2001 was
registered at Guhagar Police Station on the same day at
::: Downloaded on - 31/03/2026 20:01:11 :::
: 5 :
about 5.45 p.m. Post mortem was conducted in due course
at Primary Health Centre, Guhagar in the evening of
12.5.2001 and their finding was to the effect that cause
of death was due to asphyxia. The body was identified
by one Milind Maruti Kadam, resident of Chiplun and
message was sent to the father of the deceased. At the
time of panchanama of scene of incident, green colour
Dupatta was found on the distance of about 200 meters
away from the dead body. Body was claimed by the father
of the deceased. He expressed his suspicious regarding
death to the police. The enquiry report was made
initially by Guhagar Police Station and subsequently by
Chiplun Police Station and finally on 20.5.2001 the
Petitioner filed his complaint at Guhagar Police Station
against both the accused persons for offence under
Section 498-A and 306 r/w 34 of Indian Penal Code
alleging that cruelty to his daughter Darshana driven
her to commit suicide. The same was recorded and was
transferred to Chiplun Police Station for further
investigation and it was registered as C.R.No.70 of
2001. The investigation was commenced, in which course
Statements of various people were recorded.
. Being dissatisfied by the course of
::: Downloaded on - 31/03/2026 20:01:11 :::
: 6 :
investigation conducted by Chiplun Police Station, the
Petitioner made grievance in that regard and approached
to various authorities including Deputy Chief Minister
of the State and finally the investigation was handed
over to C.I.D. Ratnagiri on 29.10.2001. The
application was made by the concerned authorities to
J.M.F.C., Chiplun for further investigation under
Section 173(8) of Criminal Procedure Code and further
investigation was conducted by C.I.D. The Charge-sheet
was finally filed in the court and the case was
committed to the Court of Sessions, Ratnagiri, where, as
noted earlier, the Petitioner made further application,
which came to be allowed, consequent to which the
present petition is filed.
5. We have heard at length the learned counsel for
the Petitioner and the learned APP, who was all
throughout assisted by the Investigating Officer. We
have perused all the records placed before us in
relation to the investigation carried out by the police.
We have also called for entire original record
pertaining to the crime from Guhagar Police Station,
Chiplun Police Station as well as office of
C.I.D.Ratnagiri for our scrutiny. The investigating
::: Downloaded on - 31/03/2026 20:01:11 :::
: 7 :
officer of C.I.D.Ratnagiri has also filed his affidavit
pursuant to our direction. The affidavit is on record.
. It was submitted on behalf of the State in
support of the affidavit of Mr.Dhamnekar, Inspector of
Police that the investigation was carried out in proper
manner not only before the charge-sheet was filed but
also subsequent to the order passed by the learned
Sessions Judge in this regard. In other words,
according to the Investigating Officer, no stone is left
unturned to seek the truth in this case. However, on
scrutiny of the entire record and after hearing both the
parties we prefer to disagree with this proposition.
6. It is seen from the record that from February
2000 till January 2001 Darshana was working as a nurse
in the private clinic of accused No.2 Dr.Mohite. In
that clinic accused No.1 Vijay Chavan, husband of
Darshana, was working as Compounder or Technician.
Somewhere in the month of December,2001 Dr.Mohite called
the Petitioner to his clinic and informed him that his
daughter Darshana had fallen in love with Vijay Chavan,
which fact was confirmed and upon assurance given by
Dr.Mohite with regard to character of Vijay Chavan and
::: Downloaded on - 31/03/2026 20:01:11 :::
: 8 :
also upon giving an undertaking that he would take care
of the couple to look after their well being the
petitioner consented to the marriage of his daughter
Darshana with Vijay Chavan, which was solemnised on
19.3.2001. It is alleged by the petitioner that on the
very second day of the marriage Vijay Chavan started
ill-treating Darshana, she was virtually forced to
abandon her ties with the petitioner and his family. On
10.5.2001 Vijay Chavan called the petitioner inquiring
whether Darshana had gone to his place, as she was not
in the house. This aspect shows that Darshana was
missing from 10.5.2001. No whereabouts of Darshana were
traced till her dead body was found on 12.5.2001 at the
sea shore of Velneshwar on the distance of about 50-55
kms. from Chiplun. It is alleged by the petitioner
that ultimately his FIR was recorded on 20.5.2001. The
petitioner was visiting Chiplun Police Station alleging
that accused persons had committed Darshana’s murder,
but the police manipulated it and recorded the complaint
for offence punishable under Section 498A and 306 read
with 34 of I.P.C. Interestingly, in the meantime
accused No.2 Dr.Mohite preferred an application for
anticipatory bail and therefore, the petitioner was
satisfied that the local police were in fact protecting
::: Downloaded on - 31/03/2026 20:01:11 :::
: 9 :
the accused persons more particularly Dr.Mohite, but due
to public outburst the investigation was handed over to
C.I.D.
. We have critically perused the investigation
papers of Chiplun Police Station as well as C.I.D.
investigation in this case and we found that no
qualitative improvement in the investigation was noticed
in CID investigation. In fact, the record sufficiently
shows that C.I.D. Ratnagiri had toed the line of the
local Chiplun Police Station leaving behind the big
question marks pertaining to technical and physical
circumstantial evidence on record.
7. We must take into account that Darshana was a 25
years young lady, married to accused no.1 Vijay Chavan
hardly about two months ago, and Dr.Mohite, with whom
she was serving, had played role of middleman in the
marriage. In such circumstances, why the young lady
should take decision to commit suicide suddenly? This
question is not at all answered by the investigating
authorities. In other words, even if she wanted to
commit suicide, she could do it at Chiplun and had no
business to go to strange place like Velneshwar at the
::: Downloaded on - 31/03/2026 20:01:11 :::
: 10 :
distance of more than 50 kms. to drown herself in half
naked position. If at all she wanted to commit suicide
at the spur of moment, in all probability she would have
done so at Chiplun itself at her marital home or
elsewhere.
. It is also to be noted that the dead body was
found in half naked position, having only Payjama on her
person and all clothes from upper body were missing. In
our considered view, no young middle class married lady
would choose to become half naked in order to enter into
the sea waters to commit suicide. It is also to be
noted that no sea-waves, howsoever forceful, would be
sufficient to remove the Kamij from her upper body prior
or after death in water. This aspect is indicative of
suspicious circumstances involving her husband Vijay
Chavan and more particularly role played by Dr.Mohite.
This is especially so, when there is absolutely no
investigation made with regard to possibility of
intimate relationship between deceased Darshana and
Dr.Mohite, since prior to her marriage with Vijay
Chavan, Dr.Mohite’s compounder. The affidavit filed by
the Investigating Officer and the file relating thereto
clearly shows that only cursory attempt to trace
::: Downloaded on - 31/03/2026 20:01:11 :::
: 11 :
movements of Dr.Mohite were made during the relevant
period. However, we are satisfied that no serious
attempt is made to trace movements of Dr.Mohite during
the relevant period, especially when investigating
officer had made bald statement on the basis of some
record that Dr.Mohite did not move from his dispensary
on the given date, and had gone to meet some bereaved
family at Sangli on 13.5.2001. Mere recording the
statements of S.T. Drivers and Conductors, and few
persons from Velneshwar, would not be sufficient to
pin-point as to who was accompanying Darshana at the
relevant time, especially when she disappeared on
10.5.2001 from her home. There is absolutely no
investigation regarding Dr.Mohite’s movements on that
particular day or night, especially when he owned his
own car and drove it himself.
8. Next suspicious circumstances is regarding
forensic evidence. It is obvious from the record that
Post mortem was conducted and death was attributed due
to asphyxia. It is also revealed from the record that
there was no water in lungs or stomach of the deceased,
but there was sand in the stomach of Darshana. The said
sand found in stomach was also matched with the sand of
::: Downloaded on - 31/03/2026 20:01:11 :::
: 12 :
Velneshwar beach. The Chiplun Police were aware of the
fact and therefore, made query with the medical officer
in this regard, who opined that if pressure is applied
with force in sand, then such sand can go into lungs and
stomach and death can occur due to this. If it was so,
the gravity of the situation increases still more when
possibility cannot be ruled out that Darshana’s head was
pressed in the sands forcefully, as a result of which
she swallowed sand. Only fact that no external injuries
are found on the body of Darshana, would not be
sufficient to jump in the conclusion that possibility of
application of force in such manner can be ruled out.
In any case, there is absolutely no investigation made
out by the C.I.D. in this regard nor tried to reveal
the truth behind the unfortunate incident.
9. These are few salient question marks, which
obviously arose after going through the investigation
made by the concerned authorities in this regard, and
therefore, we are of the considered view in the facts
and circumstances that further investigation has to be
made in this regard especially in order to explore the
possible role played by either Dr.Mohite or Vijay Chavan
or some third person, or both the accused in collusion
::: Downloaded on - 31/03/2026 20:01:11 :::
: 13 :
together. Therefore, considering the entire approach of
the investigating officer and the manner in which the
investigation in the case in hand had been carried out,
there is reason to doubt the efficiency and competency
of the present investigating officer to conduct the
investigation in relation to this serious offence. We
are also satisfied that no purpose will be served if
further investigation is made by any C.I.D. Branch at
Mumbai taking into account the peculiar facts and
circumstances in this case. Therefore, we are of the
view that proper and competent agency to make further
investigation in this heinous offence would be Central
Bureau of Investigation, to whom we propose to hand over
the case by issuing Stay Order for trial of the Sessions
Case pending before the Sessions Judge, Ratnagiri,
pending further investigation.
10. In the result, the Petition succeeds in terms of
prayer clause (a). The rule is made absolute. It is
hereby directed that the further investigation
contemplated under Section 173(8) of Criminal Procedure
Code shall be conducted by C.B.I. at Mumbai for which
purpose all the original related records shall be
transmitted to them by C.I.D. Ratnagiri. The C.B.I.
::: Downloaded on - 31/03/2026 20:01:12 :::
: 14 :
is directed to expedite the process of investigation as
the case is quite old. It is hereby made clear that the
observations made herein above shall not influence the
process of investigation in any manner whatsoever and
the concerned authorities of the C.B.I. shall proceed
with the investigation as per relevant rules and laws.
(R.M.S.Khandeparkar,J.)
(P.V.Kakade,J.)
::: Downloaded on - 31/03/2026 20:01:12 :::
2005:BHC-AS:15010-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.356 OF 2005 CRIMINAL WRIT PETITION NO.356 OF 2005 CRIMINAL WRIT PETITION NO.356 OF 2005
Dattaram A. Awate )
Age abouit 54 yrs. Indian )
Inhabitant, residing at present )
Milind Kadam, Vad Naka, NGAR )
Bhari Temple, Siddhakala )
Apartment, Chiplun, Tal.Chiplun )
Dist. Ratnagiri. )...Petitioner
Versus
1. State of Maharashtra, )
2. C.I.D. Ratnagiri. )...Respondents
Mr.C.K.Pendse for the petitioner
Mr.B.H.Mehta, APP for respondent No.1 State
CORAM : R.M.S.KHANDEPARKAR & CORAM : R.M.S.KHANDEPARKAR & CORAM : R.M.S.KHANDEPARKAR &
P.V.KAKADE, JJ. P.V.KAKADE, JJ. P.V.KAKADE, JJ.
DATE : DATE : 25TH AUGUST, 2005 DATE :
::: Downloaded on - 31/03/2026 20:01:11 :::
: 2 :
ORAL JUDGMENT : (Per Kakade, J.) ORAL JUDGMENT : (Per Kakade, J.) ORAL JUDGMENT : (Per Kakade, J.)
1. Heard. Rule, by consent rule is made returnable
forthwith.
2. By the present Petition the petitioner is
seeking the order of transfer of investigation in
Sessions Case No.19 of 2003 pending before the Sessions
Court, Ratnagiri, pertaining to C.R. No.70 of 2001 of
Chiplun Police Station to Special Branch of C.I.D.
Mumbai or any other investigating agency on the ground
that the investigation made by local Chiplun Police
Station as well as District C.I.D. is carried out not
only in haphazard manner, but to hush-up the crime by
suppressing the facts and destroying material pieces of
evidence as well as with the intention to protect the
accused contrary to the provisions of law.
3. At this juncture we may note that the impugned
incident took place within the jurisdiction of Chiplun
Police Station, District Ratnagiri, the complaint was
lodged at Guhagar Police Station, which was transferred
::: Downloaded on - 31/03/2026 20:01:11 :::
: 3 :
to Chiplun Police Station where investigation was
commenced by the local police. However, due to various
allegations made by the Petitioner the matter was
transferred for investigation to local C.I.D. Branch
under C.I.D. Ratnagiri, who conducted the investigation
and filed the charge-sheet and eventually the case was
committed to the Court of Sessions, Ratnagiri (Sessions
Case No.19 of 2003) for offences punishable under
Sections 498-A and 306 r/w 34 of the Indian Penal Code
against two accused persons. However, in the Sessions
Court the petitioner made further application alleging
that the C.I.D. Ratnagiri had not done proper
investigation and therefore, there was need of further
investigation in the case, which application came to be
allowed by the learned Sessions Judge, Ratnagiri with
direction that C.I.D. Ratnagiri shall carry out further
investigation under Section 173(8) of Criminal Procedure
Code. It was further directed by the learned Sessions
Judge that C.I.D.Ratnagiri, if found appropriate, may
take guidance from C.I.D. Crime Branch, Mumbai. While
passing the said order the learned Sessions Judge was of
the view that it was not within his jurisdiction to
specify any particular officer or branch to take up the
investigation and hence said order came to be passed.
::: Downloaded on - 31/03/2026 20:01:11 :::
: 4 :
Therefore, it is submitted by the petitioner, the
present writ petition is filed for two reasons, firstly
for seeking proper direction in this regard and secondly
for necessary direction to conduct proper investigation
in the case of death of his young married daughter.
4. It is the case of the petitioner that his
daughter was married to one Vijay Chavan, one of the
accused in the case. Said Darshana was serving as a
nurse and thereafter for some time receptionist with
Dr.Mohite, the other accused, at Chiplun and had left
the job after her marriage, which was allegedly settled
by Dr.Mohite acting as a middle person. The accused
Vijay Chavan was working as a X-ray technician in
Dr.Mohite’s dispensary. Darshana’s dead body was seen
at the sea shore of Velneshwar, Tal. Guhagar at the
distance of about 50-55 km. from Chiplun where she
resided, at about 2.00 p.m. on 11.5.2001 by some
villagers. The body was found in half naked condition
in the sense that she was wearing Payjama, but all
clothes on upper body were missing. The body was seen
on the sea shore by some villagers and police were
informed. Accidental death Register No.21 of 2001 was
registered at Guhagar Police Station on the same day at
::: Downloaded on - 31/03/2026 20:01:11 :::
: 5 :
about 5.45 p.m. Post mortem was conducted in due course
at Primary Health Centre, Guhagar in the evening of
12.5.2001 and their finding was to the effect that cause
of death was due to asphyxia. The body was identified
by one Milind Maruti Kadam, resident of Chiplun and
message was sent to the father of the deceased. At the
time of panchanama of scene of incident, green colour
Dupatta was found on the distance of about 200 meters
away from the dead body. Body was claimed by the father
of the deceased. He expressed his suspicious regarding
death to the police. The enquiry report was made
initially by Guhagar Police Station and subsequently by
Chiplun Police Station and finally on 20.5.2001 the
Petitioner filed his complaint at Guhagar Police Station
against both the accused persons for offence under
Section 498-A and 306 r/w 34 of Indian Penal Code
alleging that cruelty to his daughter Darshana driven
her to commit suicide. The same was recorded and was
transferred to Chiplun Police Station for further
investigation and it was registered as C.R.No.70 of
2001. The investigation was commenced, in which course
Statements of various people were recorded.
. Being dissatisfied by the course of
::: Downloaded on - 31/03/2026 20:01:11 :::
: 6 :
investigation conducted by Chiplun Police Station, the
Petitioner made grievance in that regard and approached
to various authorities including Deputy Chief Minister
of the State and finally the investigation was handed
over to C.I.D. Ratnagiri on 29.10.2001. The
application was made by the concerned authorities to
J.M.F.C., Chiplun for further investigation under
Section 173(8) of Criminal Procedure Code and further
investigation was conducted by C.I.D. The Charge-sheet
was finally filed in the court and the case was
committed to the Court of Sessions, Ratnagiri, where, as
noted earlier, the Petitioner made further application,
which came to be allowed, consequent to which the
present petition is filed.
5. We have heard at length the learned counsel for
the Petitioner and the learned APP, who was all
throughout assisted by the Investigating Officer. We
have perused all the records placed before us in
relation to the investigation carried out by the police.
We have also called for entire original record
pertaining to the crime from Guhagar Police Station,
Chiplun Police Station as well as office of
C.I.D.Ratnagiri for our scrutiny. The investigating
::: Downloaded on - 31/03/2026 20:01:11 :::
: 7 :
officer of C.I.D.Ratnagiri has also filed his affidavit
pursuant to our direction. The affidavit is on record.
. It was submitted on behalf of the State in
support of the affidavit of Mr.Dhamnekar, Inspector of
Police that the investigation was carried out in proper
manner not only before the charge-sheet was filed but
also subsequent to the order passed by the learned
Sessions Judge in this regard. In other words,
according to the Investigating Officer, no stone is left
unturned to seek the truth in this case. However, on
scrutiny of the entire record and after hearing both the
parties we prefer to disagree with this proposition.
6. It is seen from the record that from February
2000 till January 2001 Darshana was working as a nurse
in the private clinic of accused No.2 Dr.Mohite. In
that clinic accused No.1 Vijay Chavan, husband of
Darshana, was working as Compounder or Technician.
Somewhere in the month of December,2001 Dr.Mohite called
the Petitioner to his clinic and informed him that his
daughter Darshana had fallen in love with Vijay Chavan,
which fact was confirmed and upon assurance given by
Dr.Mohite with regard to character of Vijay Chavan and
::: Downloaded on - 31/03/2026 20:01:11 :::
: 8 :
also upon giving an undertaking that he would take care
of the couple to look after their well being the
petitioner consented to the marriage of his daughter
Darshana with Vijay Chavan, which was solemnised on
19.3.2001. It is alleged by the petitioner that on the
very second day of the marriage Vijay Chavan started
ill-treating Darshana, she was virtually forced to
abandon her ties with the petitioner and his family. On
10.5.2001 Vijay Chavan called the petitioner inquiring
whether Darshana had gone to his place, as she was not
in the house. This aspect shows that Darshana was
missing from 10.5.2001. No whereabouts of Darshana were
traced till her dead body was found on 12.5.2001 at the
sea shore of Velneshwar on the distance of about 50-55
kms. from Chiplun. It is alleged by the petitioner
that ultimately his FIR was recorded on 20.5.2001. The
petitioner was visiting Chiplun Police Station alleging
that accused persons had committed Darshana’s murder,
but the police manipulated it and recorded the complaint
for offence punishable under Section 498A and 306 read
with 34 of I.P.C. Interestingly, in the meantime
accused No.2 Dr.Mohite preferred an application for
anticipatory bail and therefore, the petitioner was
satisfied that the local police were in fact protecting
::: Downloaded on - 31/03/2026 20:01:11 :::
: 9 :
the accused persons more particularly Dr.Mohite, but due
to public outburst the investigation was handed over to
C.I.D.
. We have critically perused the investigation
papers of Chiplun Police Station as well as C.I.D.
investigation in this case and we found that no
qualitative improvement in the investigation was noticed
in CID investigation. In fact, the record sufficiently
shows that C.I.D. Ratnagiri had toed the line of the
local Chiplun Police Station leaving behind the big
question marks pertaining to technical and physical
circumstantial evidence on record.
7. We must take into account that Darshana was a 25
years young lady, married to accused no.1 Vijay Chavan
hardly about two months ago, and Dr.Mohite, with whom
she was serving, had played role of middleman in the
marriage. In such circumstances, why the young lady
should take decision to commit suicide suddenly? This
question is not at all answered by the investigating
authorities. In other words, even if she wanted to
commit suicide, she could do it at Chiplun and had no
business to go to strange place like Velneshwar at the
::: Downloaded on - 31/03/2026 20:01:11 :::
: 10 :
distance of more than 50 kms. to drown herself in half
naked position. If at all she wanted to commit suicide
at the spur of moment, in all probability she would have
done so at Chiplun itself at her marital home or
elsewhere.
. It is also to be noted that the dead body was
found in half naked position, having only Payjama on her
person and all clothes from upper body were missing. In
our considered view, no young middle class married lady
would choose to become half naked in order to enter into
the sea waters to commit suicide. It is also to be
noted that no sea-waves, howsoever forceful, would be
sufficient to remove the Kamij from her upper body prior
or after death in water. This aspect is indicative of
suspicious circumstances involving her husband Vijay
Chavan and more particularly role played by Dr.Mohite.
This is especially so, when there is absolutely no
investigation made with regard to possibility of
intimate relationship between deceased Darshana and
Dr.Mohite, since prior to her marriage with Vijay
Chavan, Dr.Mohite’s compounder. The affidavit filed by
the Investigating Officer and the file relating thereto
clearly shows that only cursory attempt to trace
::: Downloaded on - 31/03/2026 20:01:11 :::
: 11 :
movements of Dr.Mohite were made during the relevant
period. However, we are satisfied that no serious
attempt is made to trace movements of Dr.Mohite during
the relevant period, especially when investigating
officer had made bald statement on the basis of some
record that Dr.Mohite did not move from his dispensary
on the given date, and had gone to meet some bereaved
family at Sangli on 13.5.2001. Mere recording the
statements of S.T. Drivers and Conductors, and few
persons from Velneshwar, would not be sufficient to
pin-point as to who was accompanying Darshana at the
relevant time, especially when she disappeared on
10.5.2001 from her home. There is absolutely no
investigation regarding Dr.Mohite’s movements on that
particular day or night, especially when he owned his
own car and drove it himself.
8. Next suspicious circumstances is regarding
forensic evidence. It is obvious from the record that
Post mortem was conducted and death was attributed due
to asphyxia. It is also revealed from the record that
there was no water in lungs or stomach of the deceased,
but there was sand in the stomach of Darshana. The said
sand found in stomach was also matched with the sand of
::: Downloaded on - 31/03/2026 20:01:11 :::
: 12 :
Velneshwar beach. The Chiplun Police were aware of the
fact and therefore, made query with the medical officer
in this regard, who opined that if pressure is applied
with force in sand, then such sand can go into lungs and
stomach and death can occur due to this. If it was so,
the gravity of the situation increases still more when
possibility cannot be ruled out that Darshana’s head was
pressed in the sands forcefully, as a result of which
she swallowed sand. Only fact that no external injuries
are found on the body of Darshana, would not be
sufficient to jump in the conclusion that possibility of
application of force in such manner can be ruled out.
In any case, there is absolutely no investigation made
out by the C.I.D. in this regard nor tried to reveal
the truth behind the unfortunate incident.
9. These are few salient question marks, which
obviously arose after going through the investigation
made by the concerned authorities in this regard, and
therefore, we are of the considered view in the facts
and circumstances that further investigation has to be
made in this regard especially in order to explore the
possible role played by either Dr.Mohite or Vijay Chavan
or some third person, or both the accused in collusion
::: Downloaded on - 31/03/2026 20:01:11 :::
: 13 :
together. Therefore, considering the entire approach of
the investigating officer and the manner in which the
investigation in the case in hand had been carried out,
there is reason to doubt the efficiency and competency
of the present investigating officer to conduct the
investigation in relation to this serious offence. We
are also satisfied that no purpose will be served if
further investigation is made by any C.I.D. Branch at
Mumbai taking into account the peculiar facts and
circumstances in this case. Therefore, we are of the
view that proper and competent agency to make further
investigation in this heinous offence would be Central
Bureau of Investigation, to whom we propose to hand over
the case by issuing Stay Order for trial of the Sessions
Case pending before the Sessions Judge, Ratnagiri,
pending further investigation.
10. In the result, the Petition succeeds in terms of
prayer clause (a). The rule is made absolute. It is
hereby directed that the further investigation
contemplated under Section 173(8) of Criminal Procedure
Code shall be conducted by C.B.I. at Mumbai for which
purpose all the original related records shall be
transmitted to them by C.I.D. Ratnagiri. The C.B.I.
::: Downloaded on - 31/03/2026 20:01:12 :::
: 14 :
is directed to expedite the process of investigation as
the case is quite old. It is hereby made clear that the
observations made herein above shall not influence the
process of investigation in any manner whatsoever and
the concerned authorities of the C.B.I. shall proceed
with the investigation as per relevant rules and laws.
(R.M.S.Khandeparkar,J.)
(P.V.Kakade,J.)
::: Downloaded on - 31/03/2026 20:01:12 :::