OM PRAKASH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of a learned Additional Sessions Judge, Delhi dated 29th September, 1993. The appellant was charged under section 302 Indian Penal Code for the murder of his wife. He was convicted and sentenced to. undergo imprisonment for life. The appellant has filed the present appeal against the said judgment.

(2.) We may first note certain facts which are not in dispute in this case:-

(3.) The present is a case where there is no ocular witness nor there is much of circumstantial evidence against the appellant. The only evidence against the appellant is said to be that of last seen together, besides alleged recovery of the weapon of offence at the instance of the appellant. Shri Rajiv Awasthy, advocate appearing on behalf of the appellant contended that both these pieces of evidence against the appellant are very weak and demostrably insufficient to convict the appellant for the offence of murder of his wife, Smt. Shrishti Devi.