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2000 Supreme(Bom) 746

R.K.BATTA, P.S.BRAHME
Sheikh Jahangir Ali s/o Sheikh Burhan – Appellant
Versus
State of Maharashtra, through Police Station Officer – Respondent


JUDGMENT - R.K. BATTA, J.:---The appellant was tried for murder of his wife under section 302 of the Indian Penal Code. Prosecution had examined nine witnesses in support of the charge. Prosecution case mainly rests upon evidence regarding accused and deceased having been last seen together, recovery of bindi and safety pin at the instance of accused from near the scene of offence, recovery of two magazines "DAFA 302" from the house of the accused which contains stories of murders of beloveds and the abscondance of the accused after the commission of crime.

2. The trial Judge accepted last-seen evidence and also took into consideration the evidence relating to recovery of bindi which, according to the Chemical Analyst, was similar to the pack of bindis recovered from the house of accused out of which one bindi was missing, recovery of the said magazines, the fact that accused did not lodge any missing report and absconded after the commission of crime. The appellant was, therefore, found guilty under section 302 of the Indian Penal Code and sentenced to imprisonment for life as well as fine of Rs. 300/-, in default S.I. for six months. This conviction is subject-matter of challenge












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