MORESHWAR JALSU SAYAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Daga,learned Counsel for the appellant, and Smt. Jog,learned Additional Public Prosecutor for the respondent.

(2.) THE criminal appeal is directed against the judgment and order dated-20.6.1998 passed by the Additional Sessions Judge, Bhandara in Sessions Trial No. 94/1995 whereby appellant is convicted for the offence punishable under Section302 of Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of rupees five hundred, in default to suffer rigorous imprisonment for nine months. THE accused is acquitted of the offence punishable under Section498-A of Indian Penal Code. THE State has not preferred any appeal against the order of acquittal.

(3.) THE learned Counsel for the appellant submits that though appellant and his wife left the home on31.3.1995 and Sagunabai, mother of the accused, lodged the report on1.4.1995 that accused and his wife were missing from home, she was not examined by the prosecution and, therefore, reliance cannot be placed on the said report. Even otherwise, on31.3.1995, PW1 Bhalchandra, Sarpanch of the village, deputed some persons of the village to search the accused and his wife in the forest. Though these persons went in search of accused and his wife in the forest, they could not trace out any of them. Similarly, on1.4.1995 again villagers made search in the nearby area about the accused and his wife. However, even then, they could not trace out either the accused or his wife. It is contended that the story put forth by the accused in the extra judicial confession cannot be accepted. It is submitted that if search was made by the villagers for the accused and his wife, who were in the same forest, the villagers ought to have seen them. However, villagers, who had gone in search of the accused and his wife, neither saw the accused in the forest nor could they locate the dead body of his wife. It is, therefore, contended that the extra judicial confession made by the accused firstly is not voluntary and same is also not truthful in view of other circumstances.