SANJAY VISHWAS KENGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order dated 15th July 2015 passed by the Additional Sessions Judge - 2, Kolhapur in Sessions Case No.121 of 2014. By the impugned judgment and order, the appellant was convicted for commission of offence punishable under section 302 of the Indian Penal Code and was sentenced to suffer imprisonment for life and to pay fine of Rs.2,000/- and in default to suffer RI for three months.

(2.) The prosecution case is that on 14th June 2014 before 6.00 am, the appellant committed murder of his wife Aarti in their matrimonial house at Kolhapur by giving a blow with a heavy stone block used for grinding spices because he was suspecting her character.

(3.) Heard Mr. Satpute, learned counsel for the appellant and Mr. Arfan Sait, learned APP for the Respondent - State. The prosecution case is based on circumstantial evidence as there are no eyewitnesses to the actual incident when the appellant had allegedly given the fatal blow. The prosecution, in its support, examined 20 witnesses. The defence of the appellant was of total denial. He has not examined any witness in his support. Besides 20 witnesses examined in the Court, the prosecution has introduced important documents viz. FIR, Panchanama, Post-mortem notes, etc. through these witnesses.