(1.) VIDE his judgment and order dated 22nd September, 1983, learned Sessions Judge, Bhiwani, convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.
(2.) THE appellant is said to have strangulated to death his wife Shri mati Omli on April, 1983 at about 11 AM at his own house situated in village Mandhola, Police Station Dadri. The law was set into motion on the basis of the first information report, Exhibit PA, lodged by Ram Kishan PW 1, brother of the deceased at Police Station, Dadri. According to Ram Kishan, he and his brother Krishan PW 7, were coming from Dadri after purchasing diesel oil. They had two sisters, the deceased as well as Shrimati Dhanno who were married to Ramesh son of Dadu Ram of this very village. When they reached near village Mandhola, they thought of paying a visit to their sisters who was married in that village. When both of them went to the house of their sister Omli, they found Babli, daughter of the appellant and Vajendar his son crying. When questioned, Babli told them her father (the appellant) had strangulated and killed the deceased and then ran away.
(3.) AT the trial the prosecution relied on this medical evidence as well as the oscular version given by Babli PW2, Ram Kishan PW 1, and Krishan PW 7. Babli PW 2 did not support the prosecution and went to the extent of saying that her father did cause no harm to her mother. Learned trial Judge however accepted the evidence of PW 1 Ram Kishan and PW 7 Krishan for convicting and sentencing the appellant.