1. The appellant Anil Shrawan More seeks to challenge the Judgment and Order dated 06.06.2013 delivered by the learned Additional Sessions Judge, Dhule in Sessions Case No. 109 of 2012, vide which, he has been convicted for having committed the offence of murdering his wife. The order of conviction and awarding of sentence reads thus:

“ORDER

1] Accused is convicted for the offence p/u/s 302 of I.P.C.

2] Accused is sentenced to suffer rigorous life imprisonment and to pay fine of Rs. 5000/- i/d to suffer R.I. for three months.

3] Muddemal property being worthless be destroyed, after the appeal period is over.

4] Accused is given set off for his custody period.

5] Dictated and pronounced in open Court.

Date: 06-06-2013.

Dhule.

Addl. Sessions Judge, Dhule.”

2. We have extensively heard the learned Advocate appointed to represent appellant - Anil who is in Jail and the learned APP, on 14.10.2020 and 15.10.2020. With their assistance, we have gone through the record and proceedings and testimonies of the witnesses, threadbare.

3. The appellant has relied upon the following Judgments:-

i] Smt. Gargi vs State of Haryana 2019(12) SCALE 617

ii] Sahadevan & Anr. v. State of Tamil Nadu AIR 2012 SC 2435

iii] Navaneethakrishnan v. State by Inspector of Police AIR 2018 SC 2027 

iv] Padala Veera Reddy v. State of Andhara Pradesh AIR 1990 SC 79

v] State of Uttar Pradesh v. Singhara Singh and others AIR 1964 SC 358

4. The learned APP has relied upon the following Judgments:-

i] Dayanand Changdeo Zende and others vs. State of Maharashtra [2008(1) Mh.L.J. (Cri.) 74]

ii] Shivdas @ Betu s/o. Narayan Boddewar Vs. State of Maharashtra 2007 ALL MR (Cri) 3165

iii] Swamy Shraddananda (2)* ALIAS Murali Manohar Mishra Versus State of Karnataka (2008) 13 SCC 767

iv] Sansar Chand v. State of Rajasthan 2011 AIR SCW 372

v] Kashinath Krishna Jadhav vs State of Maharashtra AIR 1973 SC 1219

vi] Mahadeo Ganpati Sutar and Anr. vs. State of Maharashtra 2001 ALL MR (Cri) 2274

vii] Mohammad Ismail Noormohammad vs. The State of Maharashtra decided by the Division Bench of the Principal Seat of this Court vide Judgment dtd. 23.01.2020.

5. The prosecution has succeeded in acquiring conviction of the appellant- Anil on the basis of its case as follows:

a] The informant Bhalchandra Jayram Pagare, Police Patil at village Shenpur, lodged a complaint on 13.03.2012 at 09:15 a.m., stating therein that Prakash Shrawan More, real elder brother of the appellant Anil, was working as a Saldar with a farm owner by name Ashok Govind Kakuste. His wife and his children reside together in one of the agricultural fields of Ashok. Anil had come to the house of Prakash in search of work and stayed with him along with his wife, a son and a daughter. He was given employment by Ashok in an adjacent field and Anil started residing in a small hut in the said field along with his wife and children. It was a one room hut which did not have a door.

b] On 13.03.2012, at about 07:00 a.m., when Bhalchandra reached the Gram Panchayat Office, Prakash and Ujjwal s/o Ashok Kakuste came on a motorcycle. Ujjwal informed Bhalchandra that Anil had killed his wife in between 01:00 to 01:30 a.m., on 13.03.2012. Bhalchandra therefore went to the spot of the incident along with Suresh Maharu Kakuste and Rajendra Babulal Kakuste. Prakash and Ujjwal were along with him.

c] At the spot of the incident, Bhalchandra found Anil seated outside his house on the otta (platform). Bhalchandra himself entered the house and saw the wife of the Anil, namely Suvarna, lying on the ground in a naked condition. She was dead. She had two to three injuries on her head and a few injuries on her body. She had bled from these injuries.

d] Bhalchandra inquired with Anil and Anil told him that he killed his wife because she was indulging in ‘faltukpana’ (local language indicating an inappropriate/improper /immoral act). He assaulted her with a sickle and a wooden stick and killed her. Anil told Bhalchandra that he had sent his children to the house of brother Prak