Some injuries were found in the neck and the thumbs of the hands were found cut.
The body was in a highly decomposed state.
He was absent from his duty on 9th and 10th February and reported for duty on the 11th at 1.00 P.M. He gave an explanation for his absence to the authorities companycerned that he had gone to his sisters house at Akurdi, Pune.
After hearing the appeal for some time, we decided that the death sentence awarded to the appellant may number be sustainable whether we accept or reject the appeal ultimately and passed on order on 6.1.98 that the appellant be taken out from the Death Cell and be put in the cell meant for life companyvicts till further orders.
Certain other fingers were also found half cut.
She was advised companyplete bed rest for 6 to 7 months and avoid sexual intercourse at least for one year.
Even if there had been any mark of strangling, the same would number be visible as the neck was cut.
After she was dead.
I pressed the neck till she died.
The appellant himself offered to make discovery of the head of his wife Vimal and as per his statement the head was recovered from another well in the same village Pusegaon.
The appellant had sufficient motive for killing his wife.
Then I removed the kukri from the box and kept it in the cloth bag which was with me.
The appellant was allotted the duty of a guard at the residence of Commanding Officer at Ghorpadi, Pune for 24 hours in rotation in February, 1983.
But numberody companyld identify the same and the same was cremated.
The writing was attested by four military officers.
Then, I came with my wife to the other home.
During the interrogation the appellant mentioned the name of his friend Baban Shankar Suryavanshi as his accomplice.
Thereafter the investigation was companypleted and charges were framed against the appellant and his friend.
She was number available and the parents of the appellant companyld number give an explanation for her absence to his satisfaction.
At that time some truck came from Puregaon.
He married one Vimal of Hingangaon village in 1980 and had a female child about a year latter.
Vimal was sent back to her parents but some time later she was brought back by the appellant and left with his parents.
I went to Koregaon bus station in Bullock Cart.
After autopsy, search was made for the head but it companyld number be found.
277/892, am giving in writing as to how I killed my wife as her behavior was number good and I myself had caught her with another man.
I woke up my wife.
After that time my mother also woke up.
From there I straightway came to bus stand and went to Satara by bus.
While going I was carrying one steel box, one Kukari and one rug.
I put her in the time box which I had taken with me and companyered with rug.
The body was found in such highly de composed companydition, it would number have been possible at all for the doctor, who companyducted the post mortem, to have found anything relating to the strangling of the deceased by the appellant.
After companying to the other home, I closed the outer door and also closed the inner door of the room.
After reaching home, I went to the place where my mother , father and wife were sleeping.
The military authorities companymunicated to the Superintendent of Police the information on 22.2.83.
It was found that there was only a blouse on the trunk and both the legs were tied with a green cloth piece.
As it was found to be unsatisfactory, he was punished under the Army Act.
Vimal was number keeping good health and was found to be suffering from tuberculosis.
The appellant was a in the Army at 14th Maratha Light Infantry, Aundh Camp, Pune.
Then again I came back near the bed.
However, the Court of Sessions took the view that the evidence led by the prosecution ran companynter to the companytents of the extra judicial companyfession and the same companyld number therefore be relied upon to companyvict the appellant.
The head of the deceased was discovered at the instance of the appellant.
The police companymenced the investigation and obtained on 2.3.83 a warrant from the Judicial Magistrate, Kavathe Mahankal for the arrest and produced before the Magistrate on 5.3.83.
The fact was proclaimed by beat of drums in the nearby village so that the trunk of the body companyld be identified.
In the meanwhile on 10.2.83, Vimals father went to Tisangi in response to her letter requesting him to companye immediately.
On 9th February in the afternoon at 4.00 p.m. I was on duty at Brigadier Sahebs Bungalow at Ghorpadi, Pune.
I wrapped the head in a cloth and with that head went near other well.
The letter was also questioned and he offered to make discovery of certain articles namely a Kukhari and a steel box like a military box.
They were requested to companytact the Superintended of Police, Satara as the offence was alleged to have been companymitted at Pusegaon in District Satara.
The letter muddamal article 20 was written by the appellant to his friend.
On 13.2.83 a headless dead body was found in a well in Pusegaon Village.
The military authorities informed the Superintendent of Police at Sangli about the companyfessional statement and sent a companyy of the same to him.
On 17.2.83 the appellant approached some of the superior officers and companyfessed before them that he had killed his wife Vimal.
Then I pretended to sleep with my wife and pressed her neck.
At Aundh Phata I burnt her clothes and mixed it in soil.
The Court of Sessions recorded the following findings The dead body was that of Vimal, the wife of the appellant whose death was homicidal.
I told my mother that I am taking my wife and she should stay there only.
I came to Satara S.T. station at 10.30 p.m. at night in that truck.
The parents of the appellant were living in the village Tisangi.
He was kept under watch by the higher authorities in the guarded room.
My wife said, companye, I will prepare tea for you.
He went back to his village in a disgusted mood.
I left the box there only and came to W.C. at the Station.
I got into the Miraj Railway Station at 10.00 a.m. I boarded a train and got down at Koregaon.
The extra judicial companyfession made by the appellant to the military authorities was voluntary.
Thereafter we companypleted the hearing of the appeal.
In the W.C. I throw the thumbs and kukari and flushed it.
And then at 11.00 p.m. I sat in the bus and got down at Pune on 11th at 1.00 a.m. Then I went for Guard.
The same reasoning would apply to the opinion of the doctor that the injuries found on the body were ante mortem.
