The sufficiency of circumstantial evidence, the need for conclusive proof, and the requirement to prove motive beyond reasonable doubt in cases based on circumstantial evidence.

JUDGMENT :

VIBHA KANKANWADI, J.

1. The appellant convict has been held guilty of committing offence punishable under Section 302, 201 and 498-A of the Indian Penal Code, by Judgment and order dated 15th April 2015 in Sessions Case No. 145 of 2014 by learned District Judge-1 and Additional Sessions Judge, Newasa, District-Ahmednagar and sentenced him to suffer imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code. It is stated in the Judgment that no separate sentence is passed for the offence punishable under Section 201, 498-A of the Indian Penal Code.

2. The prosecution story, in short, is that informant Kashinath Mohan Mali has sister by name Tai Gangule. Tai’s husband had expired long back and she being disabled, used to reside with Kashinath. Tai’s daughter Suman was married to accused Santosh about 5 to 6 years prior to the First Information Report (for short “FIR”) dated 17th June 2014. Suman and accused were having daughter Komal, aged 2½ years and a son, aged 4 to 5 months on the date of the FIR. Though the native place of accused Santosh is Gondegaon, he used to reside at village Chincholi, Taluka-Newasa, District-Ahmednagar in the field of one Kamte and the area is known as Kamte Vasti. Accused Santosh was married prior to his marriage with Suman, however, the first wife was not cohabiting with Santosh. Santosh was addicted to liquor and used to harass Suman. Suman had gone to Kashinath’s house at the time of Hanuman Jayanti. Santosh had gone to the house of Kashinath under the influence of liquor and therefore, Kashinath refused to send Suman along with him. Accused Santosh got annoyed with this and gave abuses to Suman in presence of Kashinath, his wife Sindhubai and sister Tai. Accused gave threat to Suman that if she does not accompany him then he would kill her and bury and then he left. Then after about 2 to 4 days Bhamabai @ Indubai, who is mother of accused Santosh, went to the house of Kashinath and took responsibility of Suman. Therefore, Suman was sent along with Bhamabai. Thereafter on 16th June 2014 Kashinath’s relative Bhausaheb Ganpat Shelar, resident of Ghodegaon, Taluka-Newasa gave phone call to Kashinath and told that whereabouts of Suman are not known since last one month and Kashinath should take some action. Therefore, Kashinath, along with his relatives, went to Kamte Vasti. He could find there only Bhamabai along with Suman’s daughter Komal. They asked Bhamabai about Santosh and Suman. Bhamabai told them that on 15th June 2014 around 3.00 p.m. Santosh brought Komal and left her with Bhamabai and went away. Bhamabai had asked accused about Suman and son, at that time he had given evasive answers. Thereafter Kashinath gave missing report in respect of Suman with Police Station on 16th June 2014. Kashinath was suspecting some foul play and therefore he along with his relatives were searching Kamte Vasti on 17th June 2014. Around 12.00 noon they found one heap like structure which was in suspicious state and covered by branches. It was around 100 ft. away from the house of the accused. Kashinath suspected that Suman would have been buried at that place and therefore, he informed the said fact to Police Station. Police went there along with Tahsildar. The said place was dug and at that time they could find a decomposed body of a lady. A purple colour blouse and green colour petticoat were found there. The same were identified by Kashinath and then he identified the dead body of Suman. Police recorded Panchnama and then Kashinath lodged FIR stating that the accused had committed murder of Suman and then buried the dead body.

3. After lodging of the FIR, investigation was taken up. Statements of witnesses were recorded. The dead body was sent for postmortem. Accused came to be arrested. He gave memorandum and discovered the place where he had buried the son. Only