STATE OF MAHARASHTRA Vs. VILAS PANDURANG PATIL

JUDGEMENT

(1.) THROUGH this appeal, the State of Maharashtra (appellant) impugns the Judgment and order dated 15-12-1984 passed by the Additional Sessions Judge, Sangli in Sessions Case No. 26 of 1984 acquitting the respondent for offences punishable under Sections 302, IPC and 404 IPC. Since this appeal was beyond time by 76 days, Criminal Application No. 847 of 1985 was moved by the State of Maharashtra for condonation of delay. On the said application, a Division Bench of this Court issued Rule. After hearing learned counsel for the parties, we are satisfied that sufficient cause for explaining the delay in preferring an appeal has been shown and consequently we make the Rule absolute.

(2.) IN short, the prosecution case runs as under :-The deceased Suman was the first wife of the respondent. Since the relations between her and the respondent were strained and she did not have good relations with her in-laws she started living separately from the respondent, along with her 3 daughters Suvarna PW 3, Vanita PW 4 and Vaishali and son Vijay, in her house in village Khujgaon in District Sangli. In the said village in another house, the respondent along with his second wife Sushila, his parents and three brothers lived. On 17-9-1983, the respondent came to Sumans house. At about 11 a. m. a quarrel between him and Suman took place. The same was seen by Vanita PW 4. Thereafter at about 3 p. m. the same day, Suman went along with the respondent, who was having a sickle and a rope, to bring fodder. In the evening. The respondent returned along with the house and told Vanita that she had gone to Nagaon-Kavathe. The same evening at about 8 p. m. the respondent went to the house of one Yeshwant Pandurang Jadhav PW 6 and confessed to him that he had murdered his wife. About 51/2 hours later i. e. sometimes between 1 to 1. 30 a. m. he went to the house of the police Patil, Bhagwan Vithoba Patil PW 5 and also confessed before him that he murdered his wife and thrown her corpse in well Both Yeshwant Jadhav and Bhagwan Patil said to have asked the respondent to report the matter to the police. In the morning Bhagwan Patil along with village Kotwal and some others went to the well situated in the field of Bhimrao Kadam and found the corpse of Suman floating on the water, inside it. He asked the village Kotwal to guard it and himself proceeded to police station Tasgaon with the respondent.

(3.) IT is said that on 18-9-1983 at about 10. 30 a. m. the respondent went to Tasgaon police station and gave information that his wife Suman accidentally died and her corpse was floating in the well situated in the land of one Bhimrao Kadam. On the said report (Exhibit 29) a case of accidental death was registered.