JITENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Way back in 1988 Justice M.M. Punchhi, as His Lordship then was Judge of the Punjab & Haryana High Court, in Amarjit Singh v/s. State of Punjab, (Punjab and Haryana) (DB), 1989 (1) R.C.R. (Criminal) 18, regarding application of Sec. 106 of the Indian Evidence Act in the case of death of the wife where husband is prosecuted observed as under: -

(2.) In the present case, Jitendra Singh, the appellant herein, was tried for offences punishable under Ss. 498 -A, 302 and in alternate under Sec. 304 -B of Indian Penal Code.

(3.) The trial Judge by returning a finding, acquitted the appellant of offence under Ss. 304 -B and 498 -A I.P.C. but held him guilty of offence under Sec. 302 I.P.C. primarily on the ground that the death of Smt. Archna Devi, the wife of the appellant was homicidal & it is a case of strangulation and the appellant has not furnished any explanation in the statement recorded under Sec. 313 Cr.P.C. and, therefore, to record conviction of the appellant invoked Sec. 106 of the Indian Evidence Act.