ASHOK DESAI J. - (1.)THE Additional Sessions Judge, Pune recorded the finding of conviction against the appellant/ accused Vithal for the offence punishable under section 302 IPC, for having committed murder of his wife Smt. Lata on 3.5. 1993 by assaulting her with an axe. THE conviction is based only on circumstantial evidence.
(2.)THE learned counsel appointed for the appellant is absent. THErefore we heard the matter with the assistance of learned APP Mr. Borulkar.
The circumstances introduced by the prosecution to substantiate the charge are: a)extra judicial confession to P. W. 1 Police Patil, admitting the guilt. b)seizure of blood stained cloth from the person of the accused. c)Motive; d)accused was seen carrying the dead body in the vicinity of the bus stand in the village.

We have closely scrutinised the evidence. It would be debatable whether the extra judicial confession tendered to Police Patil could be admissible in evidence. Without going into the legal implication we ignore the said extra judicial confession on which the prosecution has placed reliance.

(3.)HOWEVER, it remains on record that the accused married the deceased Lata. They had two kids out of the wed-lock. Their relations however, were not cordial. Lata had several complaints against the accused. She also initiated proceedings for maintenance which was subsequently settled. Even then as deposed by P. W. 1 Anandrao Kamble even on the date of the incident the accused made a complaint that Lata was not willing to reside and cohabit with him. Moreover, in cross examination he has further ascertained that he personally knew about the quarrel of the accused with his deceased wife. As such there was a strong and sufficient motive for the accused to eliminate Lata.
Besides this, it is revealed and fully established that on the date of the incident at about 12 noon when the accused reached the house of P. W. 1 Police Patil -Anandrao his clothes were stained with blood. On chemical analysis it was revealed that the blood group on the clothes of the accused was that of deceased Lata. The dead body of Lata was recovered as per the say of the accused. P. W. 2 Dashrath saw the accused lifting the dead body of a woman on his shoulder and keeping the same in front of the platform, where he was sitting.