SHESHMANI MAGDUM PAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal questions the legality of Judgment and Order dtd. 27/3/2015 passed by the learned Additional Sessions Judge - 4, District Nashik in Sessions Case No. 142 of 2012, convicting Appellant (original accused) under Sec. 235(2) of the Code of Criminal Procedure (for short "Cr.P.C.") for offences punishable under Sec. 302 read with 201 of the Indian Penal Code (for short "IPC") and sentencing him to suffer rigorous imprisonment for life for committing the murder of his wife Sangita and two minor sons Shiva (2½ years) and Chotu (7 months) and to destroy evidence and cause disappearance of their murder by throwing/disposing their dead bodies in the banks of Godavari river and Padolmala canal.

(2.) Prosecution case is based on circumstantial evidence. The gist of the prosecution facts which emerge for consideration are as under:-

(3.) It is to be noted here that Exh. 42/1 to 42/9 are photographs in evidence exhibited through PW-12 photographer; these photographs are kept in a sealed plastic cover between page Nos. 79 and 80 of the R and P. We have directed the Court Sheristedar to open the said envelop to peruse the photographs. Accordingly, under our directions the Court Sheristedar opened the same. We have perused the photographs and the Court Sheristedar has again kept the photographs in the same condition on record.