S AWASTHY Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has been convicted under section 302, I.P.C. for committing murder of his wife Mira by strangulation and has been sentenced to imprisonment for life.

(2.) The prosecution case is that deceased Mira was the married wife of the appellant and they were living together along with the parents of the appellant in village Harri, police station Bijon, district Shahdol Urmila (P.W. 6), minor sister of the deceased was also living with them. According to her, there used to be frequent quarrel between the husband and wife and the appellant used to beat and ill-treat her. On 8/12/1981 at about 12 in the noon, the appellant informed Rameshwar Prasad (P.W. 1) that his wife has committed suicide by hanging. When they came to the spot, they found the house closed from inside and getting no response, the appellant climbed the roof by ladder and then opened the door. It was found that the deceased was hanging from the roof with a rope tied round her neck: and her feet were touching the floor. Rameshwar then went and gave marg intimation Ex. p. i at 3.30 p.m. in Ramnagar police-chowki, 15 kms. away. A.S.I. Damodar prasad (P.W. 20) reached the spot and prepared the panchnama Ex. P. J6 over the dead body which was then sent for postmortem examination. He also seized the rope hanging from the roof. On doing the autopsy, Dr. R.K. Verma (P.W. 16) opined that death was caused by strangulation, there were two ligature marks, one was ante-mortem and another post-mortem. She was done to death by strangulation and then the body was hanged from the roof wit-h a rope. Further investigation was taken up by S.O. Vikram (PW. 10). He registered the F.I.R. EX. P.18 on 10.12.1981. He then took the appellant into custody who gave memorandum Ex. P.2 that the pair of Payal belonging to the deceased have been sold by him to Sitaram (P. W 8). He then took the police party to the house of Sitaram and recovered the pair of Payal (Articles A, B.1 & B.2) which were seized as per Seizure memo Ex. P. 3. On completing the investigation the appellant was charge-sheeted for the murder. The defence is of denial. According to him, in the morning he had gone to Sarai tola along with Rarneshwar for doing Pooja and when he returned at about 11 to 12 in the noon, he saw his house locked from inside. He then called Rameshwar and since the door could not be opened, he climbed the roof through the ladder and on opening the door found his wife having committed suicide by hanging on the roof with a rope. Relying on the medical evidence coupled with the circumstantial evidence and the extra-judicial confession made by the appellant to his maternal uncle Hetram (P.W. 10), the learned AddI. Sessions Judge convicted the appellant.

(3.) Shri R.N. Rai learned counsel for the appellant contended that (i) the trial Judge erred in basing conviction of the appellant solely on the medical evidence. It is merely an opinion and it could very well be a case of hanging also because the distinction between the case of strangulation and hanging is very thin and some of the symptoms are common. The evidence of extra-judicial confession has been concocted to implicate him. According to Shri B.P. Singh, learned AddI. Govt. Advocate, the evidence on record proves beyond doubt that the appellant had strangulated his wife to death and then hanged the dead body from the roof of the house in order to show that she had committed suicide. There is no explanation by the appellant of the incriminating circumstances and evidence found against him.