(1.) By this appeal, the appellant/State is challenging the judgment and order dated 15th January 1997 passed by the learned IVth Additional Sessions Judge, Satara, in Sessions Case No.138 of 1996, thereby acquitting the respondent of offences punishable under Sections 302 and 203 of the Indian Penal Code.
(2.) Facts, in brief, leading to the prosecution of the respondent/acquitted accused, can be summarized thus:
(3.) We have heard Mrs.M.M.Deshmukh, the learned APP appearing on behalf of the State. She argued that in this case based on circumstantial evidence, the prosecution has established the fact that deceased Sushma had left her matrimonial house and the respondent/acquitted accused followed her. After tracing her out, he had assaulted her in presence of PW13 Shrimant Sawant. The learned APP further argued that after killing his wife, the respondent/acquitted accused confessed his guilt before PW4 Vijay Kenjale, PW5 Vithabai Kenjale, PW6 Chandrabhaga Kenjale and PW16 Vasant Kanse, Police Patil. It was found in the autopsy that deceased Sushma died homicidal death. According to the learned APP, with this evidence, coupled with forensic evidence, the prosecution has proved guilt of the respondent/acquitted accused beyond all reasonable doubts.
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