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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
R. G. AVACHAT, J., NEERAJ P. DHOTE, JJ.
Manohar Kondiba Waghmare – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Neeraj P. Dhote, J.
1. By the present Appeal under Section 374(2) of the Code of Criminal Procedure, the Appellant has challenged his conviction for the offence punishable under Section 302 of the Indian Penal Code [hereinafter referred to ‘IPC’] and the consequent sentence to suffer imprisonment for life and fine of Rs.5,000/- in default, to undergo Rigorous Imprisonment for six months, recorded by the learned Additional Sessions Judge, Parbhani, in Sessions Case No. 130/2017, vide Judgment and Order dated 03.11.2020.
2. The Prosecution case, as revealed from the Police Report, is as under :-
2.1. The Appellant and acquitted Accused No.2, who was the wife of Ashroba (hereinafter referred to as ‘Deceased’), were having illicit relations. They were residing in the same village, namely, Ukhalad, Tq. & Dist. Parbhani. The Deceased had gone to Nanded for some work. He returned in the village by 10:00 pm. Accused No. 2 was not at home. The Deceased went in search of Accused No.2. As the Deceased did not return till midnight, his brother Kailash Mallahari Waghmare gave phone call on the mobile of Deceased. He heard the ring tone of Deceased’s mobile. He saw the Deceased lying in
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