S C GANESHLAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is under Section 2 of Supreme Court Enlargement of Criminal Jurisdiction Act, 1970. The appellant along with his parents, sister maternal uncle and uncle's daughter were charged for the offence under Section 302 read with Section 34 and Sections 201 and 203 read with Section 302 read with Section 34 Indian Penal Code of the murder of his wife Kanchana. In S.P. No. 125/84, the Addl. Sessions Judge, Akola by judgment dated February 10, 1987 acquitted all of them. On appeal the appellant alone was convicted under Section 302 and Section 201 Indian Penal Code and sentenced to undergo rigorous imprisonment for life and three years respectively by judgment dated October 30, 1991 of the High Court of Bombay, Nagpur Bench, Nagpur.

(2.) The material facts that lie in short compass are thus :-

(3.) The prosecution placed reliance on the evidence of PW. 4 and PW. 5 to prove motive for the crime PW. 6, the Compounder and PW. 8. Tea Stall owner PW. 9, maid servant of PW 5 to prove the conduct of the accused together with the medical evidence and also chemical examiner's report. It also relied on the report Ex. 73 lodged by A. 6. The case rests on circumstantial evidence. The circumstances relied on by the prosecution are as follows :