VITHAL DASHRATH SHELAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Additional Sessions Judge, Pune recorded the finding of conviction against the appellant/ accused Vithal for the offence punishable under section 302 IPC, for having committed murder of his wife Smt. Lata on 3.5. 1993 by assaulting her with an axe. THE conviction is based only on circumstantial evidence.

(2.) THE learned counsel appointed for the appellant is absent. THErefore we heard the matter with the assistance of learned APP Mr. Borulkar.

(3.) HOWEVER, it remains on record that the accused married the deceased Lata. They had two kids out of the wed-lock. Their relations however, were not cordial. Lata had several complaints against the accused. She also initiated proceedings for maintenance which was subsequently settled. Even then as deposed by P. W. 1 Anandrao Kamble even on the date of the incident the accused made a complaint that Lata was not willing to reside and cohabit with him. Moreover, in cross examination he has further ascertained that he personally knew about the quarrel of the accused with his deceased wife. As such there was a strong and sufficient motive for the accused to eliminate Lata.