UTTAM KACHRU KARAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the 1st Adhoc Additional Sessions Judge, Nashik in sessions Case No. 69 of 2001. By this judgment dated 11th December, 2001, the appellant has been convicted far the offence punishable under section 302 of the indian Penal Code and is sentenced to life imprisonment. He has also been found guilty and convicted of the offetnce punishable under section 498-A of the Indian penal Code and sentenced to suffer rigorous imprisonment for one year.

(2.) The case of the prosecution is that the appellant used to physically and mentally torture his wife Mangala. At the time of their marriage, he had insisted on his monetary demands being fulfilled by his father-in-law. The physical and mental torture meted out to Mangala continued till her death on the night of 4th and 5th February, 2001. Her body was found in the Musalgaon forest along side the Sinnar-Shirdi road. She had been strangulated. The appellant who was found lying injured near the dead body of his wife, has been arrested and charged for having killed her. He was tried by the Sessions Court, Nashik. The trial has resulted in a conviction and sentence for life imprisonment for the appellant.

(3.) With the assistance of the learned Advocate for the appellant and the learned Additional Public Prosecutor, we have scrutinised the entire evidence on record. We find that there are no eye witnesses to the incident and the case is entirely based on circumstantial evidence. The prosecution has examined ten witnesses to prove its case. The mair thrust of the prosecution's case is that the appellant was last seen together with the victim between 9. 00 and 9. 30 p. m. on 4th February, 2001 near the Musalgaon forest. Two witnesses, namely, PW 4 and pw 6, had seen them between that period. Thereafter the body of the victim was discovered the next morning at around 7. 00 a. m. about 500 feet into the forest.