KALINDER BHARIK Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this appeal by special leave appellant is challenging the conviction and sentence imposed on him under S. 302 of the Indian Penal Code. He was sentenced to life imprisonment plus a fine of Rs. 5,000/-. The case against him is that he killed his wife Saroj on the evening of 5-11-1995 inside their abode.

(2.) The case was registered on the basis of the first information statement lodged by P.W. 2-Yad Ram. He told the police that he heard the noise of cries from the house of the accused and he called out for help from others. With the help of P.W. 6-Santosh Kumar, who reached the scene, P.W. 2 went inside the room of the accused and found Saroj lying badly injured. Accused was found standing nearby. Saroj was later removed to the hospital for which accused did not render any help. Saroj was declared dead by the time she was brought to the hospital.

(3.) Since there was no eye-witness to the occurrence, prosecution depended upon circumstantial evidence alone. We have noticed the following circumstances which are incriminating as against the accused.