MUNNA SONI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 22/01/2004 passed in Sessions Trial No. 139/2002. He was prosecuted along with his wife for commission of offence punishable under Section 302, 376 (2)(f) and 201 of IPC. The trial court held the appellant guilty for the said offence and awarded a sentence for life, 10 years, 2 years respectively with fine and default stipulation. The Court acquitted the wife of the appellant from the charges except offence punishable under section 201 of the IPC.

(2.) Learned counsel for the appellant has submitted that the case is based on circumstantial evidence. The trial court has committed an error of law in holding the appellant guilty for commission of offence on the basis of circumstantial evidence. The chain of circumstances is not complete.

(3.) The prosecution story in brief is that the appellant was living in a rented house. The deceased was missing. At night when the room of the appellant was opened it was found that the dead body of the deceased was lying on the earth. There were injuries on her body. Thereafter, marg was registered and FIR was lodged at the police station. The appellant was arrested at Naini, District Allahabad.