MADHAV DHONDIBA WADWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order of conviction passed by the Additional Sessions Judge, Kandhar dated 23/05/2014 in Sessions Case No.23 of 2004, the appellant - original-accused No.1 Madhav Dhondiba Wadwale preferred criminal appeal No. 392 of 2014 and appellants-accused No.2 and 3 i.e. Dhondiba Devrao Wadwale and Chandrakalabai Dhondiba Wadwale, respectively, preferred criminal appeal No. 294 of 2014.

(2.) Brief facts giving rise to the prosecution case are as follows:-

(3.) Mr. Sant, learned counsel for the appellant in criminal appeal No. 392 of 2014 submits that the prosecution has mainly relied upon the evidence of P.W.1 father of P.W.2 Savita (victim), P.W.2 Savita (victim), P.W.4 Dr. Shubhangi Patange, from Apex Hospital, Nanded where the victim was initially admitted and P.W.11 Dr. Jaganmani Vendantam from Apollo Hospital, Hyderabad. Learned counsel Mr. Sant submits that as per the prosecution story, the appellants accused persons have tried to electrocute the victim with an intention to commit her murder. The appellants accused have used soldering machine for causing injuries on the buttocks of victim and further they tried to commit murder of victim by strangulation with nylon rope of fertilizer gunny bag. The prosecution case rests upon three articles i.e. article No.1 electric wire, article No.2 soldering machine and article No.3 Nylon rope prepared from fertilizer gunny bag.