RAMESH GOVIND THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant herein was charged for the offence of murder of Hiravati @ Hiru Shankar Narkar by assaulting her with sickle and thereby committed an offence punishable under Section 302 of the Indian Penal Code. The charge was framed on 11th March, 2005. The learned Sessions Judge after examining the witnesses by his judgment dated 15th July, 2005 convicted the Appellant for the offence punishable under Section 302 of the I.P.C. and sentenced him to suffer imprisonment for life. It is this against this order that the Appellant is in Appeal before this Court.

(2.) On behalf of the Appellant his learned Advocate submits that there are no eye witnesses and the prosecution case is based entirely on circumstantial evidence. The prosecution it is submitted before the Sessions Court relied on the following incriminating circumstances:- Motive; Last seen; Seizure of blood stained underwear; Recovery of blood stained clothes belonging to V and of a blood stained sickle; Extra judicial confession and Injuries on the accused person.

(3.) At the outset we may point out that the law as settled is that all proved circumstances must form a chain of which no link must be missing and they must unequivocally lead to the guilt of the accused. We may refer to the law as decided. In Ashish Batham vs. State of Madhya Pradesh, 2002 Cri., L.J.4676 the Supreme Court once again reiterated the law and referred to the judgment in Hanumant Govind Nargundkar & Anr. vs. State of Madhya Pradesh, AIR 1952 S.C. 343 where the Court observed as under:-