Mumbai, Feb 27 (PTI): The Bombay High Court has acquitted a city resident from charges of murdering his wife nine years ago, giving him the benefit of doubt.

The court also discarded the testimony given by the couple's minor daughter, the only eye-witness in the case, saying that her father had killed mother.

A bench headed by Justice V K Tahilramani observed on February 20 that the prosecution had failed to establish the guilt of the accused beyond reasonable doubt and therefore the appeal of the husband, Mariappa Mukkappa, deserved to be allowed.

Mariappa was convicted under IPC for murdering his wife Sushila on February 29, 2004 by hitting her head with a grinding stone at their home in Seven Bungalows area of suburban Andheri following a fight over domestic issues. The only witness was their five-year-old daughter.

A complaint against Mariappa was lodged at Oshiwara police by the brother of the deceased, Timappa. However, the prosecution did not examine Timappa, who was the first informant in this case.

On witnessing the fight between parents, the daughter rushed to her grandparents' house to inform them. When they came to the crime spot, they found Sushila lying in a pool of blood. Her husband had disappeared after the crime. Sushila was taken to hospital where she was declared dead.

The accused was arrested on March 3, 2004 and the investigation was set in motion. The pestle, with whom the accused hit the victim on her head, was recovered at his instance.

When the minor daughter appeared before the court to give evidence, she was asked by defence lawyer whether her grand parents had taught her what to say. To this, she replied "I was told to say that mother was dead and nothing else.