Dr Vijayraj Dessai, presently in judicial custody for allegedly killing his wife, Archana Dessai, and destroying evidence, had approached the HC after a lower court refused to dismiss the charges. The case trial is underway in the Sessions Court.
According to the CBI charge sheet, the couple had a dispute soon after their marriage on February 23, 1996. The wife’s decomposed body was found in Sawantwadi in December 2010. In letters written to her maternal relatives, she disclosed about how she was being harassed for dowry.
During the hearing, CBI special public prosecutor, Joseph Vaz, submitted that serious disputes between the couple and her ill-treatment would be the motive for the murder. He also stated the CBI recovered evidence, such as victim’s handkerchief, purse, wristwatch and comb from the accused’s house after two failed raids – by the CBI in Oct 2012 and by the Goa Police in July 2011. The case was transferred to the CBI for a thorough probe in September 2011.
Defense lawyer, Advocate Arun Bras De Sa, argued that the State did not have eye-witnesses to support the case. “(The) prosecution’s case is based on circumstantial evidence, in which the material is weak and insufficient to connect the petitioner (accused) to the alleged crime,” he contended.
He added, “Insofar as the letters written by the deceased are concerned, they are not proximate in time to the death of the deceased as they relate back to the period of more than 10 years.”
The bench, referring to the letters, observed that prima facie, the victim was subjected to physical and mental cruelty. Moreover, the letters indicated that there were even attempts to strangulate her. “She was also threatened on certain occasions, and locked in a room. The petitioner had threatened the deceased and had stated that he knows several ways of killing, without the act being disclosed,” said Justice C V Bhadang said, subsequently dismissing the revision petition.
