PURAN SINGH Vs. STATE

JUDGEMENT

(1.) In this first appeal, Puran Singh impugns his conviction under Section 302 of the Indian Penal Code, 1860 (IPC), for murder of his wife Babita, vide judgment dated 11 th April, 2007, passed in S.C.No. 32/2005, arising out of FIR No.418/2004, Police Station Farsh Bazar. By the order on sentence dated 13 th April, 2007, he has been sentenced to imprisonment for life and fine of Rs.2,000/-. In default of payment of fine, he has to undergo rigorous imprisonment for six months.

(2.) There is no eye witness in the present case and the prosecution relies upon circumstantial evidence.

(3.) The homicidal death of Babita stands proved from the testimony of Dr. K. Goyal (PW-2) who had conducted the Post Mortem of Babita, aged 40 years, on 7 th December, 2004 at about 2.45 P.M. PW- 2 stated that rigor mortis had passed off and post mortem staining was inconspicuous due to decomposition. She had further observed as under:-