CHINTYA JANYA VALAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction and sentence passed by the learned IInd Ad-hoc Additional Sessions Judge, Palghar in Sessions Case No.300 of 2001 on 11.4.2002 the appellantaccused has preferred this appeal on the grounds mentioned in the memo of appeal.

(2.) In this case the accused was represented by an advocate appointed by this Court who was absent when the matter was first listed for hearing on Saturday 7.10.2006. It was adjourned till today to enable the advocate to appear. Even today when this matter was called out none appeared. The appeal is pending for the last three years. In such circumstances we need not wait for the advocate to come. We will dispose of the appeal on merits after scrutinizing the entire record along with additional public prosecutor. Record was thus perused, evidence on record was reappreciated.

(3.) The prosecution case as disclosed by this reappreciation stated briefly is that on 1.4.2001 at about 2.00 to 3.00 a.m. witness Sudam Gaund heard cries of the appellant. Therefore he called his neighbour Rama Lakhat and went to the house of the appellant. They saw the body of deceased Manakibai lying near the door; and the appellant was sitting near the body. It is alleged that the appellant informed the neighbours that he had a quarrel with his wife and he assaulted her below the kakad tree and murdered her with a shival.