RAMCHANDRA LAXMAN WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant accused has been convicted for killing his wife and therefore, the Sessions Judge, raigad, Alibaug, has impopsed sentence to suffer rigorous imprisonment far life and fine of Rs. 5000/-, failing which to suffer further rigorous imprisonment for three months. Therefore, this appeal against conviction.

(2.) HEARD Mrs. Shinde, Advocate appointed for the appellant, and Mrs. Kejriwal, A. P. P. for the State. After appreciating, the submissions, as raised by the appellant and as opposed by the A. P. P. , we have gone through the record and testimony and we are of the view that there is merit in the appeal. The conviction based on circumstantial evidence, raised various doubts and according to us, the prosecution has failed to prove the case beyond reasonable doubt and therefore, we are setting aside the order of conviction and acquitting the accused by giving him benefit of doubt.

(3.) THE learned Additional Sessions Judge,has held that that on 9/7/1998 at about 1 a. m. Janabai, wife of the accused met with homicidal death in her house, as the appellant accused had committed murder of Janabai in their own house.