MOHAMMAD ADIL Vs. STATE

JUDGEMENT

(1.) This appeal is by the accused who has been convicted for uxoricide and sentenced to life imprisonment and fine of Rs.5000/- under Section 302 I.P.C. The accused has also been convicted and sentenced under Section 201 I.P.C. to R. I. for one year and fine of Rs.2000/-.

(2.) The accused was charged and tried with an allegation that on 23-4-2005 around midnight the accused killed his wife Smt. Parveen by tying a cotton chord around her neck and by hanging her to the rafter of the house. The accused was also charged under Sections 498A and 201 I.P.C. but has been acquitted under Section 498A I.P.C.

(3.) In support of the charge the prosecution examined 19 witnesses. The accused examined none. Although the accused initially told the Police that the death of his wife Parveen was suicidal, the same plea appears to have been abandoned by the accused in the course of the trial and was not even adhered to at the time of recording his statement under Section 313 of the Code of Criminal Procedure, 1973. The case of the accused therefore was one of denial simpliciter.