2026:BHC-AS:2741-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 610 OF 2021 Deepak Madhu Waghmare } Age 50 years, resident of Honad } Adiwasiwadi, Tal- Khalapur, }

Dist- Raigad } ...Appellant Versus The State of Maharashtra } (Through Khopoli Police Station }

CR No.174/ 2017) } ...Respondent Mr. Yashodeep Deshmukh (Appointed Advocate) a/w.

Ms. Vaidehi Deshmukh, for the Appellant.

Ms. Sharmila S. Kaushik, APP, for the Respondent–State.

CORAM : MANISH PITALE, J.

MANJUSHA DESHPANDE, J.

RESERVED ON : 18th NOVEMBER 2025 PRONOUNCED ON : 19th JANUARY 2026 JUDGMENT: ( Per Manjusha Deshpande, J.) :

1. This Criminal Appeal is directed against the Judgment and order dated 15.01.2019, passed by the Sessions Judge Raigad at Alibaug convicting the Accused for offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life with fine of Rs. 1,000/-, and in default of fine to suffer further simple imprisonment for 3 months.

RAJESHRI PRAKASH AHER Digitally signed by RAJESHRI PRAKASH Date: 2026.01.20

2. The Appellant has challenged the order of conviction on various grounds, his two primary grounds of challenge are that there are missing links, in the chain of evidence relied upon by the prosecution, rendering the chain of circumstantial evidence incomplete and insufficient to convincingly establish the guilt of the Accused. The other relevant and important ground of challenge is that the conviction is also based on the so-called “judicial confession” allegedly made by him, which was not given voluntarily rendering it unworthy of reliance. 3. The Brief facts giving rise to the present appeal are as under:

The story of prosecution leading to the conviction of the Appellant/Accused is that, the Accused alongwith his deceased wife Sundar and their daughter was residing at village Sangada, while he was working as a labourer at Adlab Imagica. His wife was also working as a domestic servant with one Appanna Reddy. The Accused suspected his wife was having illicit relations with Appanna. When his wife conceived, he had doubts about the paternity of the child, therefore he shifted to his native place, where his wife gave birth to a girl child. The Accused still suspected his wife, since she used to get phone calls from Appanna frequently, on that count there used to be frequent quarrels between them.

4. On 15.08.2017 shortly before 11.00 pm the Accused assaulted deceased with a sickle causing her fatal injury on the vital parts of her body, thereby intentionally committing her murder. One Govind Sonu Chavan gave information of the incident, to the police informing them that the deceased was found lying in the pool of blood in her house. On the basis of information received by the Khopoli Police, C.R. No. 174 0f 2017 was registered. The PW–6 I.O. was entrusted with the investigation, who visited the Hospital, prepared the inquest Panchanama; referred the body for postmortem and drew spot Panchanama. The Accused was arrested on 16.08.2017. The weapon used in the offence was seized from the spot and the clothes of the Accused were recovered pursuant to the Memorandum Panchnama under Section 27 of the Indian Evidence Act, 1872, which was sent for chemical analysis. After completion of investigation, chargesheet was submitted.

5. The prosecution has examined, the following 6 witnesses in support of their case to prove the guilt of the Accused during the trial.

support of their case to prove the guilt of the Accused during the trial.

support of their case to prove the guilt of the Accused during the trial.

support of their case to prove the guilt of the Accused during the trial.

support of their case to prove the guilt of the Accused during the trial.

support of their case to prove the guilt of the Accused during the trial.

support of their case to prove the guilt of the Accused during the trial.

support of their case to prove the guilt of the Accused during the trial.

sup