SANDIP BABURAO WAIDANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Issue involved in this appeal is whether the link in between the incident of murder and the accused is established on the basis of proved circumstances? The case is based on circumstantial evidence. The case falls within narrow compass. Even though the circumstances relied upon by the prosecution are not too many, we have to ascertain whether they are proved and whether guilt of the accused is established.

(2.) Law does not require a particular number of circumstance so as to establish the chain. It altogether depends upon the nature of the transaction. In a particular case there may be few circumstances which are strong enough which leads to guilt of the accused. There may be more circumstances which may be relied upon by the prosecution. It depends upon the facts and circumstances of each case. In the case before us, there were few circumstances relied upon by the prosecution. The Additional Sessions Judge District, Sangli was pleased to believe those circumstances and draw an inference about guilt of the accused for committing murder of his own wife Nirmala. He decided the case as per the judgment dated 2/2/2018. There was conviction under section 302 of IPC. The correctness of the said judgment is challenged before us.

(3.) We have heard Mr. Amit Mane, the learned Advocate appointed by this Court on behalf of the appellant and Mrs. M. M. Deshmukh, learned APP for the Respondent. First informant PW-2 Bhausaheb Jaywant Patil is taken a contract of cutting of sugarcane crop from Bharat Deshmukh. He has hired persons for that job. They were doing the job near Kurlap village. Accused and his wife Nirmala resident of village Banpuri Tal. Atpadi, Dist-Sangli were the labourers.