STATE OF MADHYA PRADESH Vs. MALTI BAI

JUDGEMENT

(1.) We are confronted with an extraordinary case where the allegation is that the wife had murdered the husband on the intervening night of March 02 -03, 1994, while they were sleeping in a room in their house. The trial court accepted the prosecution version and convicted the respondent -wife, Malti Bai, under section 302 of the Indian Penal Code, 1860, and imposed life sentence. On appeal, the High Court reversed the judgment of the trial court, against which this appeal has been preferred by the State.

(2.) THE prosecution case is as follows:

(3.) THIS Court in State of Andhra Pradesh v. I.B.S. Prasada Rao, (1969) 3 SCC 896 pointed out that it is trite law that before conviction can be based solely on circumstantial evidence, it must be proved that the circumstances were such as to be conclusive of the guilt of the accused that were incapable of explanation on any hypothesis consistent with the innocence of the accused. We notice that the trial court, while finding the respondent guilty, laid considerable reliance on the following circumstances: