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 imposed sentence to suffer rigorous imprisonment for life and fine of Rs.5000.00, 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.) THERE is ample material on the record to show that the death was homicidal. This includes inquest panchanama, post-mortem report (Exh.13), the testimony of the Medical Officer, P.W.6 and injuries on the body which resulted the death in question.