JUDGMENT

Ravindra V. Ghuge, J. - The appellant (Rupesh), original accused No.1 in Sessions Case No. 149 of 2011, is aggrieved by the judgment and order dated 25.09.2014, delivered by the learned Additional Sessions Judge, Ahmednagar, thereby convicting the appellant for the offence of murdering his wife u/s 302 of the INDIAN PENAL CODE (hereinafter referred to as "IPC"). Accused No.2 (Deepak A. Varpe) has been acquitted.

2. We have heard Shri. V.D. Sapkal, learned Senior Advocate on behalf of the appellant and the learned APP for the State, extensively on 18.09.2020, 19.09.2020 and 21.09.2020. With their assistance, we have been taken through the R&P, threadbare. The testimony of the witnesses has been read out to us, elaborately.

3. This case is wholly based on circumstantial evidence and a motive for the appellant to kill his wife.

PROSECUTION STORY

4. The prosecution has putforth the following case:-

a] Latabai Jawale, mother of the deceased Jaishree w/o Rupesh Chaudhari, has lodged a complaint on 08.04.2011 with the Rahuri Police Station vide Crime No. 109/2011 alleging that Jaishree has been murdered by an unknown person.

b] Pursuant to the FIR, the police launched an investigation and noticed that, the appellant-Rupesh was absconding. He was arrested on 09.04.2011.

c] Latabai has stated in the FIR that, Jaishree was married to the appellant on 27.12.2010. On 03.04.2011, brother of the deceased namely Prakash had gone to Kankapur, Tq. Sangamner, Dist. Ahmednagar, to invite Jaishree to her parental home on the occasion of Gudipadwa. He accordingly brought Jaishree to Ambi, which is the parental home of the deceased. The second daughter of Latabai namely Archana w/o Ajit Shete, was also invited and she also had come to Ambi.

d] On 06.04.2011, the appellant/ Rupesh had reached Ambi between 02:00 to 02:30 p.m. to meet Jaishree . He was in her residence for about 10 to 15 minutes., and thereafter left for his home at Kankapur, after having lunch with Prakash, brother of deceased Jaishree.

e] On 07.04.2011, Jaishree, Latabai, father of Jaishree namely Manik and her brother Prakash were at home for the entire day. In between 09:00 to 09:15 p.m., Latabai was washing utensils in the front yard. Jaishree was near a Mango tree talking to her husband Rupesh on the cell phone of Prakash. While chatting with her husband, she walked a few steps towards Gadichakra Chari, which is a canal like spot through which water is supplied to the farmers. After washing utensils, Latabai proceeded to the Chari for answering the call of nature and since she did not see Jaishree who was addressed as "Mayee", she called out by uttering the word "Mayee". She heard a reply and hence she moved in the direction of the voice of Jaishree and found that she had fallen down near the Jujabi tree (Boriche Zad) at the Chari Road.

f] Latabai lifted Mayee and asked her as to what has happened. Mayee was unable to say anything and she lost control over her neck and her head tilted onto her shoulder. Latabai noticed a large stab wound on her neck and she was bleeding profusely. Latabai shouted for help by calling out Prakash. Prakash was chit-chatting at the Chari and he rushed back after hearing the cries of his mother. Jaishree was then taken to a hospital at Shrirampur in the car of Shri Bhanudas Gangadhar Ghodekar. Latabai stayed back at home.

g] After sometime, Latabai came to know that her daughter Jaishree was declared dead on arrival at the Kamgar Hospital, Shrirampur. She then accompanied her son Prakash to the Rahuri Police Station and lodged her complaint against an unknown assailant, on 08.04.2011.

h] An additional statement of Latabai was recorded on 14.04.2011, in which she has narrated an incident that occurred prior to the marriage of Jaishree with Rupesh. Prakash had received a call from an unknown number and the lady who was on the line, told Prakash that she was having an affair with Rupesh and Jaishree should not be married to Rupesh. On account