SUBHASH AVCHIT SURYAWANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant Subhash Avchit Suryawanshi has preferred this appeal being aggrieved by the order of conviction of an offence punishable under section 302 of Indian Penal Code (for short "I.P.C.), for committing murder of his wife Pushpabai. He is sentenced to suffer rigorous imprisonment for life and fine of Rs.One Thousand, in default to suffer rigorous imprisonment for fifteen days, by the learned Ist Ad-hoc Additional Indian Evidence Act, section 32(1) Indian Penal Code, section 302 Khushal Rao v. State of Bombay [AIR 1958 SCR 552 Shivaji Dattatraya Date v. State of Maharashtra [2008 ALL MR (Cri) 337 Darshana Devi v. State of Punjab, [1995 Supp (4) SCC 126 Dropadabai vs. State of Maharashtra [2004(4) 249] Mh.L.J. 249 Sessions Judge, Jalgaon, in Sessions Case No.101 of 2005, decided on 30/01/2006.

(2.) Briefly the facts of the prosecution case giving rise to this appeal are stated as below:

(3.) On the basis of crime registered, Police Inspector Gavhare went to the house of the accused at Patondi. He drew spot panchanama, attached one kerosene can, samples of earth with kerosene and without kerosene, two burnt match sticks and a match box were lying there. Some pieces of clothes of Pushpabai were lying there. They were attached under the panchanama. Thereafter statements of witnesses were recorded. Pushpabai expired on 2/05/2005 and, therefore, offence punishable under section 302 of I.P.C. was registered. The seized articles were sent to Chemical Analyser. After usual investigation, charge sheet was sent.