SHIVANNA BHIMSEN LOKHANDE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal questions the judgment and order dated 16.04.2009 passed by the High Court of Judicature at Bombay dismissing Criminal Appeal No. 1126 of 2004 and thereby affirming the conviction and sentence of the appellant for the offence punishable under Section 302 of Indian Penal Code, 1860.

(2.) Relying upon circumstantial evidence, the trial Court found that the prosecution had succeeded in proving the case that the appellant had inflicted injuries by crushing the face of his wife-Sakhubai by stone and caused her death. The crucial circumstances relied upon by the trial Court were:-

(3.) The submission was made on behalf of the accused that the prosecution had failed to establish the identity of the dead body and whether the body in question was that of said Sakhubai or not. Reliance was placed on the fact that the face was completely crushed and it was impossible to identify the person in question. It is true that both PWs-4 and 7 were taken to the morgue for the purposes of identification. Though PW-4-Mr. Pillay failed to identify the dead body, PW-7 Mrs. Pillay was able to identity the dead body from the body structure and clothes worn by the lady. Further more, PW-8, brother of the deceased Sakhubai who was called in to identify, also identified the body to be that of Sakhubai, his sister. In the circumstances, it stands completely established that the dead body in question was of Sakhubai.