SURESH KISAN UDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction passed on 13-7-1999 by the Additional Sessions Judge, Pune in sessions Case No. 408 of 1998 convicting the accused under section 302 of i. P. C. and sentencing him to suffer R. I. for life, the appellant has filed this appeal on the ground mentioned in the memo of appeal as also verbally canvassed by the learned Counsel appearing on behalf of the accused/appellant.

(2.) WITH the assistance of the learned Counsel for the defence and the learned Prosecutor we have scrutinised the evidence and have reappreciated the evidence on record.

(3.) THE prosecution story as emerges from the reappreciation of the evidence stated briefly is that the accused and his wife were both working as labourers and making their livelihood. They were last seen together by their employer on 5/05/1998 and thereafter on 6/05/1998 a dead body was found floating in a water tank near the construction site. Enquiries revealed that it was the dead body of the wife of the accused and therefore accused was arrested and on investigation prosecuted under section 302 of I. P. C. .