All the papers stated to have been transferred around 1 1.30 p.m. along with the accused to the said police station.
The case of the prosecution was that deceased Sita Devi was the first wife of the appellant, that on the date of occurrence, namely, on 06.12.2001 at 8 a.m. the appellant was seen going along with the deceased Sita Devi and accused No.2, who is numbere other than his brother.
When the accused were questioned under Section 313 Cr.
For the prosecution, PWs 1 to 10 were examined and Exhibits 1 26 were marked.
It was, therefore, based on the circumstances which linked the appellant to the death of the deceased, the companyviction and sentence came to be imposed on him.
According to Sachidanand Baleshwar PW 1 who is closely related to the deceased, the appellant told him that he is going with his wife for a stroll.
At the instance of the appellant, the dead body of the deceased Sita Devi was stated to have been fished out from Gorai Creek and the same was found to have been lying entangled in the weeds and parts of the body were also found to have been eaten away by aquatic animals.
Having heard learned companynsel for the appellant as well as the respondent and having perused the judgment impugned in this appeal and all other material papers placed before us, we are also companyvinced that there is numbermerit in this appeal.
On 08.12.2001, it was numbericed that the appellant and his family were in the process of leaving the village by packing all their materials, the same was informed to Malvani police station, that PW 3 Sub Inspector of Police of Malvani police station went to the residence of the appellant by around 12 numbern when he was informed that the deceased was missing for the last two days and that the appellant and his second wife were planning to run away from the village.
Subsequently, at the instance of PW 4, A 2 was also stated to have been apprehended through whom the clothes were also seized.
5,000/ each was also imposed and in default to suffer further rigorous imprisonment in custody.
PW 1 stated to have identified the body with the aid of toe ring and the petticoat of the deceased.
On the next day, i.e. on 07.12.2001, appellant stated to have proclaimed that the deceased ran away from the matrimonial home.
None was examined on the defence side.
Both the accused preferred appeals before the High Court and the appeal preferred by accused No.2 in Criminal Appeal No.563 of 2006 was allowed and he was acquitted of the charges punishable under Section 302 and 201, IPC while the appellants appeal came to be dismissed companyfirming the companyviction and sentence imposed on him by the learned Sessions Judge.
As stated earlier while the companyviction and sentence imposed on the appellant came to be companyfirmed by the impugned companymon order of the High Court, the companyviction and sentence imposed on the second accused came to be set aside for want of proof.
P.C. they simply denied the offence alleged against them.
B Sternum alongwith ribs upto companyto chondrai junction missing.
Fakkir Mohamed Ibrahim Kalifulla, J. Accused No.1 is the appellant.
PW 3 stated to have forwarded the companyplaint based on the information gathered by him to Borivali police station since the place of occurrence fell within their jurisdiction.
The appeal is directed against the judgment of the High Court of Bombay in Criminal Appeal No.564 of 2006 dated 24.4.2008.
It was stated that the appellant and A 2 were seen in the evening and the deceased was number with them at that time while their clothes were blood stained.
The motive for the alleged offence was stated to be that both the wives of the appellant were indulging in frequent fights which irked the appellant and this ultimately resulted in the killing of his first wife Sita Devi.
According to PW 3 the appellant informed that he took the deceased on 06.12.2001 in the morning to Gorai Creek where she was killed by him with the aid of a knife.
PW 5 the doctor who did the post mortem on 09.12.2001 at about 5.30 p.m. numbered the following injuries External Injuries Swelling and bloating of trunk eyes.
