The court held that conviction based on circumstantial evidence requires a complete, unbroken chain of circumstances that unerringly point to guilt, which was not established in this case.

JUDGMENT :

URMILA JOSHI PHALKE, J.

1. This Appeal is preferred by the accused challenging the judgment and order of conviction passed by the Adhoc Additional Sessions Judge-1, Wardha in Sessions Trial No.106/2005 dated 08.01.2008 by which the accused is convicted of the offence punishable under Section 302 of the Indian Penal Code (for short “ IPC ”) and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.500/- in default to suffer further rigorous imprisonment for 15 days.

2. Brief facts of the prosecution case emerges from the Police papers and recorded evidence are as under:

(i) The Informant Yashodabai Joshi Khandare the mother of deceased Kalu lodged report at Police Station Sevagram, Wardha that deceased was residing alongwith the present accused since last 4 to 5 years at Aadarsh Nagar Sevagram. They both were residing as husband and wife. The accused is involved in manufacturing illicit liquor and several cases are registered against her. Deceased Kalu was on visiting terms at the house of his mother and disclosed to her that the accused is of bad character and there were differences between them. On 07.03.2005, the Informant met deceased Kalu in General Hospital, Wardha at about 10.00 am. Deceased Kalu disclosed to her that he beat the accused, and therefore, he is apprehending danger at the hands of the accused. Thereafter, he left the place. After some time as deceased has apprehended endanger to his life at the hands of the accused, she alongwith her daughter visited the house of the accused and found Kalu was lying in an injured condition in the courtyard of the house of the accused. He has sustained the bleeding injuries. Bricks and stones were lying there. One iron Datar and iron pipe stained with blood were also found in the house of the accused. There was quarrel between the deceased and accused and the accused assaulted the deceased by means of iron Datar, iron pipe, bricks and stones and caused his death. On the basis of the said report Police have registered the crime against the accused.

(ii) After registration of the crime and during investigation the Investigating Officer has visited the alleged spot of incident, drawn the spot panchnama and seized the blood stained articles including blood stained soil and simple soil. The alleged weapons are also recovered. The accused was arrested and her clothes were also seized. The blood samples of the deceased and accused were also collected. The relevant statements of witnesses were also recorded. Seized articles were also sent to CA and after completion of the investigation, the charge-sheet was submitted against the accused. After filing of the charge-sheet, the case was committed to the Court of Sessions. The learned 4^th Adhoc Addl. Sessions Judge, Wardha framed Charge vide Exh.17.

(iii) In support of the prosecution case, the prosecution has examined in all 10 witnesses, as follows:

(iv) Besides the oral evidence, the prosecution placed reliance on Report-Exh. 25, FIR-Exh. 26, Spot panchnama- Exh. 28, Seizure memo as to the articles collected from the spot Exh. 29, Inquest panchnama Exh. 30, Arrest memo Exh. 40, Arrest panchnama Exh. 41, Seizure memo as to the clothes of the accused Exh. 42, Requisitions to Medical Officer Exhs. 65 & 67, Medical certificate of accused Exh. 62, Query to Medical Officer Exh. 68, Crime chart of the accused Exh. 69, Requisition to CA Exh. 70, CA Reports Exhs. 72 to 74 and Post mortem Report Exh. 82.

(v) After recording the evidence, the incriminating evidence is put to t