IMPORTANT POINT
Where a case rests squarely on circumstantial evidence, inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with innocence of accused.

JUDGMENT

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. Sentence of imprisonment of life and two years respectively were imposed for the aforesaid two offences.

2. 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. 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. In the said village in another house, accused along with his second wife Sushila, his parents and three brothers lived.

3. On 17.9.1983, the accused came to deceased s house. At bout 11.00 a.m. a quarrel between him and Suman took place. 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. In the evening, the accused returned alone to the house and told Vanita (PW- 4) that deceased had gone to Nagaon Kavathe. The same evening at about 8.00 p.m. the accused went to the house of one Yeshwant Pandurang Jadhav (PW-6) and confessed to him that he had murdered his wife. 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 confessed before him that he murdered his wife and had thrown the corpse into a well. Both Yeshwant Jadhav and Bhagwan Patil are said to have asked the accused to report the matter to the police. 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 corpse of Suman floating on the water inside it. He asked the village Kotwal to guard it and himself proceeded to police station Tasgaon with the accused. 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 corpse was floating in the well situated in the land of one Bhimrao Kadam. On the said report (Ex. 29) a case of accidental death was registered and investigation was undertaken. During investigation, several materials were collected and the charge sheet was filed.

4. In order to further its accusations, during trial prosecution placed reliance on the evidence tendered by ten witnesses. The accused pleaded innocence. Since there was no eye witnesses to the occurrence, prosecution relied on following circumstances in support of its case. They are as follows:

1. Motive.

2. Conduct of the respondent immediately before and after the incident;

3. Extra judicial confession;

4. Discovery of blood stained articles and mangalsutra in the pointing out of the respondents; and

5. Finding of the blood in the nail cuttings of the respondent.

5. The Trial Court by a cryptic order held that the circumstances were not substantially established and, therefore, directed acquittal.

6. The State of Maharashtra questioned correctness of the said judgment. By the impugned judgment the High Court held that there was no proper application of mind and that erroneous conclusions have been arrived at by the trial court. Accordingly the conviction was made and sentence imposed as afore-noted.

7. In support of the appeal, learned counsel for the accused submitted that the Trial Court had analysed the factual position and the evidence on record in detail. Without being conscious of the fact that the appeal was against the judgment of acquittal, the High Court placed reliance on unimportant aspects and reversed the finding of acquittal. It was pointed out that the a