NETAJI SHIVRAM CHOUGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-original accused No. 1 in S.C. No. 16 of 2005 assails the judgment and order dated 7th August, 2007 passed by the learned Addl. Sessions Judge, Gadhinglaj, convicting him for murdering wife Manisha on 18th November, 2004 and sentencing to suffer imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine, to suffer further rigorous imprisonment for six months. Shivram-original accused No. 2 and Laxmibai-original accused No. 3, i.e. parents of the appellant also tried along with the appellant at the trial, were acquitted from the charge of all of them in furtherance of their common intention having committed murder of Manisha. According to the prosecution, the appellant and Manisha since their marriage effected on 27th May, 2003 were residing at the house of the parents of the appellant, viz. acquitted accused Nos. 2 and 3 in the fields at village Basarge. The appellant then was working as a Pigmi Agent for Noukud Credit Society. About 2-3 months prior to the incident in question, the appellant came to Mumbai for job and was working at Mumbai.

(2.) The appellant pleaded not guilty to the charge (Exh. 26) for such offence framed against him by the learned Additional Sessions Judge at Gadhinglaj after the case was committed to the Court of Sessions. The defence of the appellant was that of total denial and false implication.

(3.) The prosecution adduced oral evidence of 12 witnesses in support of the case in addition to the documentary evidence, which was collected and/or prepared during the course of investigation. The documentary evidence also contains photographs of dead body vide Exh. 65 and 66. The said photographs were exhibited during the course of trial after the same were shown on behalf of the appellant to the prosecution witnesses. Since there was no eye-witness for the crime in-question, prosecution rested upon the circumstantial evidence.