KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The husband is the appellant and the wife is the deceased in this case. According to the prosecution case, on the intervening night of 27th and 28th October, 1978, the appellant strangulated the deceased to death with a belt. The brother of the deceased, next day, gave a complaint and investigation was taken up. The inquest was held and the dead body was sent for post-mortem. The Doctor, P.W. 4, who conducted the post-mortem, opined that death was due to asphyxia as a result of strangulation. On completion of the investigation, a charge-sheet was filed.

(2.) The case rests on circumstantial evidence supported by medical evidence. The learned trial Judge, accepting the prosecution case, convicted the appellant under Section 302, Indian Penal Code and sentenced him to undergo life imprisonment. The appeal filed by him was dismissed by the High Court. Hence the present appeal.

(3.) It may be mentioned at this stage, that the plea of the accused was that the deceased committed suicide by hanging herself and he found the dead body hanging in the morning. He went and informed P.W. 8. This plea has been rejected by both the courts below.