SANJAY HARICHANDRA ANOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has approached this Court being aggrieved by the Judgment and Order passed by the learned Additional Sessions Judge, Nagpur in Sessions Trial No.445 of 2015 thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/- and in default to suffer rigorous imprisonment for six months.

(2.) The prosecution story in a nutshell, as could be gathered from the material placed on record, is thus : On 3.7.2015, at around 00 p.m., the accused had a quarrel with his wife Nirmala on the ground of preparation of food and by pressing her neck, he committed murder of deceased Nirmala. Oral report came to be filed below Exh.9 by Sunil Chunilal Bomcher (PW1), who was working in a liquor shop, which was in front of the house wherein the deceased and the accused were working. On the basis of said report, the First Information Report came to be registered vide Crime No.36 of 2015 for the offence punishable under Section 302 of the Indian Penal Code. At the conclusion of investigation, charge sheet came to be filed before the learned Judicial Magistrate, First Class, Ramtek. Since the case was exclusively triable by the learned Sessions Judge, the same came to be committed to the learned Sessions Judge. Learned trial Judge framed charges below Exh.4 for the offence punishable under Section 302 of the Indian Penal Code. The accused pleaded not guilty and claimed to be tried. At the conclusion of the trial, the learned trial Judge passed the order of conviction and sentence, as aforesaid. Being aggrieved thereby, the present appeal.

(3.) Heard Mr.N.A.Badar, learned Counsel for the appellant. He submits that the learned trial Judge has grossly erred in convicting the appellant. He further submits that the present case is a case based on the circumstantial evidence and unless the prosecution proves each and every incriminating circumstance and further establishes the chain of events which leads to no other conclusion than guilt of the accused, the order of conviction cannot be sustained.