SADANAND KASHIRAM SALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment and order passed by the Additional Sessions Judge, Ratnagiri whereby the Trial Court was pleased to convict the appellant for the offence punishable under section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life.

(2.) Prosecution case is that the appellant committed murder of his wife since he suspected that she was having an affair with one Sameer Salvi. According to the prosecution, on 22/02/2003, deceased Sangeeta had gone to the house of her mother who lived in the same building at about 11 O clock and, after some time, she went back to her house and promised to return back after serving meals to her husband. At about 12.30 in the afternoon, her son Ajay went to her mother s house and informed her that Sangeeta was lying in a pool of blood in the bath-room. When Shardabai, mother of Sangeeta, went to the house of Sangeeta, she also found that Sangeeta was lying in a pool of blood. Ajay, thereafter, went to his grandfather Sakharam Patil and informed him about the incident, who also came to the house of Sangeeta. Thereafter, Sangeeta was taken to the hospital. However, she was declared dead. A complaint was filed by Sakharam Patil against the accused, appellant herein who was then arrested. Investigating Officer recorded the statements of witnesses. The spot panchanama and inquest panchanama was prepared and three days after the incident, recovery of knife was made at the instance of the appellant. Blood stained clothes of the accused were also sent to the Chemical Analyser. Chargesheet was filed.

(3.) Prosecution examined in all six witnesses. The defence was of denial. In his 313 statement, accused has stated that on the date of the incident, at about 9.00 a.m., he left the house for seeing the cricket match which was played near his house and claimed to have met Ajay and his two nephews at about 11 O clock and from there he went to his office and came to know at about 1.00 p.m. about the incident and he, therefore, came back to his house.