Summary:
Aurangabad: The Aurangabad bench of the Bombay High Court overturned the conviction of a 30-year-old farmer, Ganesh Kshirsagar, citing that the prosecution’s case is surrounded by suspicious circumstances.Kshirsagar was convicted by the sessions court for murdering his wife. The HC, while acquitting the man, observed that the entire prosecution rests upon circumstantial evidence and the evidence brought on record by the prosecution is not cogent, sufficient and convincing so as to prove the offence against the appellant beyond reasonable doubt. On October 16, 2011, father of the accused Balbhim saw a body in his farm’s well. The additional sessions judge on August 17, 2013 sentenced him to life imprisonment on charges of murder and tampering with the evidence.Representing the convict, lawyer Satej Jadhav contested that there was no eye witness to the incident and case of the prosecution is based only upon the circumstantial evidence and moreover there is no direct evidence.He also contested that the prosecution failed to prove that the deceased was last seen in the company of the accused. The lawyer also cited the suicide note found at home.The division bench comprising justices SS Shinde and VK Jadhav ruled that the case in hand is a case of circumstantial evidence and if two views are possible on the evidence on record, one pointing to the guilt of the accused and other his innocence, the accused is entitled to have the benefit of one which is favourable to him.The HC observed that prosecution has not conclusively proved that Akshata died a homicidal death..