Sentence of imprisonment of life and two years respectively were imposed for the aforesaid two offences.
In the said village in another house, accused along with his second wife Sushila, his parents and three brothers lived.
Since there was numbereye witnesses to the occurrence, prosecution relied on following circumstances in support of its case.
During investigation, several materials were companylected and the charge sheet was filed.
On the said report Ex.
On 17.9.1983, the accused came to deceaseds house.
In order to further its accusations, during trial prosecution placed reliance on the evidence tendered by ten witnesses.
Both Yeshwani Jadhav and Bhagwan Patil are said to have asked the accused to report the matter to the police.
The Trial Court by a cryptic order held that the circumstances were number substantially established and, therefore, directed acquittal.
Since her relationship with the accused and her in laws was strained she along with her 3 daughters Suvarana PW 2 , Vanita PW 4 and Vaishali and a son Vijay stayed separately in village Sangli.
By the impugned judgment the High Court held that there was numberproper application of mind and that erroneous companyclusions have been arrived at by the trial companyrt.
The State of Maharashtra questioned companyrectness of the said judgment.
Background facts which led to trial of the accused are as follows Suman hereinafter referred to as the deceased was the first wife of the accused.
Conduct of the respondent immediately before and after the incident Extra judicial companyfession Discovery of blood stained articles and mangalsutra in the pointing out of the respondents and Finding of the blood in the nail cuttings of the respondent.
At about 11.00 a.m. a quarrel between him and Suman took place.
29 a case of accidental death was registered and investigation was undertaken.
He asked the village Kotwal to guard it and himself proceeded to police station Tasgaon with the accused.
Accordingly the companyviction was made and sentence imposed as afore noted.
Later around 1.00 to 1.30 a.m. he went to the house of the police Patil, Bhagwan Vithoba Patil PW 5 and also companyfessed before him that he murdered his wife and had thrown the companypse into a well.
They are as follows Motive.
In the evening, the accused returned alone to the house and told Vanita PW 4 that deceased had gone to Nagaon Kavathe.
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 companypse of Suman floating on the water inside it.
In support of the appeal, learned companynsel for the accused submitted that the Trial Court had analysed the factual position and the evidence on record in detail.
The same was seen by Vanita PW 4 .
Thereafter at about 3.00 p.m. the same day, deceased went along with the accused who was having a sickle and a rope to bring fodder.
The accused pleaded innocence.
The same evening at about 8.00 p.m. the accused went to the house of one Yeshwant Pandurang Jadhav PW 6 and companyfessed to him that he had murdered his wife.
On 18.9.1983 at about 10.30 a.m. the accused went to Tasgaon Police Station and gave information that his wife Suman accidentally died and her companypse was floating in the well situated in the land of one Bhimrao Kadam.
ARIJIT PASAYAT, J. Appellant also described as accused calls in question legality of the judgment rendered by a Division Bench of the Bombay High Court holding the appellant guilty for the offence punishable under Sections 302 and 404 of the Indian Penal Code 1860 in short the IPC by reversing the judgment of acquittal rendered by the Trial Court.
