(1.) By the impugned judgment dated 17 th August, 1998, the appellant Sudhir Kumar has been convicted for murder of his wife Anita. He has been sentenced under Section 302 of the Indian Penal Code 1860 (IPC, for short) to life imprisonment and pay fine of Rs.500/- or in default undergo 15 days simple imprisonment.
(2.) The prosecution s case is that the appellant committed murder of his wife in the intervening night of 6 th & 7 th February, 1986. Her body was found on 7 th February, 1986 at about 6.40 AM. She, however, could not be identified and DD No. 18 was recorded. Her face was totally crushed. Tyre marks of scooter on the mud were found. On 8 th February, 1986, Ishwar Chand father of Anita identified the dead body.
(3.) The prosecution does not rely upon any eye-witness and its case is based on circumstantial evidence of last seen and motive.