MOHAMMAD RAFI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Appeal, by special leave, has been filed against the impugned judgment dated 21.10.2005 of the High Court of Karnataka passed in Criminal Appeal No. 1572 of 2003.

(3.) There are concurrent findings of fact regarding the conviction of the appellant-husband for committing the murder of his wife. There is no direct evidence. In convicting the appellant, the courts below have relied upon circumstantial evidence as it is evident from the medical evidence that the appellant's wife had died due to throttling and she died in the house of the appellant and the appellant failed to establish before the trial court or before the High Court that he was not present in the house at the time of death of his wife. The conduct of the appellant has also been taken note of by the courts below as in spite of unnatural death of his wife he did not inform the police or made any attempt to lodge FIR or inform her relatives, etc.