EKNATH RAMU MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order dated 7.4.2007 passed by the learned Additional Sessions Judge, Jalgaon in Sessions Case No. 148 of 2005.

(2.) The background facts of the case are as under;- It is the case of the prosecution that the appellant herein i.e. accused Eknath Ramu More (Bhil) started residing at village Umare alongwith his wife and children in Bhil locality since 5 to 6 months prior to the incident in question. The accused-appellant was working as agricultural labourer with P.W.6 Narayan Bhaskar Patil. It is further case of the prosecution that accused Eknath More was addicted to liquor and he frequently used to quarrel with his wife under the influence of liquor. It is alleged that on 22.6.2005, early in the morning before 5.30 a.m., the accused killed his wife viz. Sumanbai by stone in Umare Shivar, near the field of one Sunil Dayaram Patil. When the accused was carrying corpus of his wife in the bullock cart towards Kanashi road, one Sanjay Popat Bhil and Jaysing Budha Nikam have noted the said fact. Thereafter, this incident was informed to the police Patil and accordingly police Patil Shantaram Ramdas Patil alongwith others went to Bhil locality and found there some marks of tampering as well as hair and Kali pot of lady lying. Thereafter, the police Patil alongwith other persons went towards the Kanashi in forest where they saw the corpus of Sumanbai lying in a pit. Police Patil Shantaram thereafter went Kasoda police station and lodged report of the said incident. On the basis of the said report, offence punishable under Sections 302 and 201 of I.P.C. came to be registered against the appellant vide Crime No. 12 of 2005. Thereafter, the police visited the spot, dead body of Sumanbai and other incriminating articles were seized. Spot panchnama as per the situation as well as inquest panchnama of the dead body was drawn. Then the body was sent to post mortem to Rural Hospital, Erandol. Thereafter, clothes on the person of the deceased were seized. Statement of the concerned witnesses came to be recorded. Accused appellant came to be arrested. He made disclosure statement before the police. At his instance, stone was recovered. Blood stained clothes of the accused were seized. Incriminating articles were sent to C.A. report. On completion of investigation, charge sheet was filed by Kasoda police station before the learned J.M.F.C. Erandol. The learned J.M.F.C. committed the case to the Court of Sessions for trial, as the offence is punishable under section 302 of I.P.C. which is exclusively triable by the Court of Sessions.

(3.) Learned counsel appearing for the appellant submitted that the prosecution has utterly failed to establish the motive behind the alleged crime. It is further submitted that though the prosecution has made allegations that there was frequent quarrel between the husband and wife, no evidence to that effect has been brought on record by the prosecution. There is no direct evidence regarding incident and there is delay in lodging the F.I.R. The evidence available on record was not sufficient to establish the chain of circumstances. The accused has been falsely implicated in the case. Learned counsel for the appellant invited our attention to the statement of witnesses recorded on behalf of the prosecution and also other evidence and submitted that the appellant is entitled for acquittal.