GOVIND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has been convicted on a charge under Sec. 302 of the Indian Penal Code for having committed murder of his wife and sentenced to life imprisonment with Rs. 250.00 as fine.

(2.) The prosecution case is that on April 24, 1988 at 8.00 a.m. in the morning, the accused-appellant himself lodged an oral report with the Police Station, Abu Road that his wife-Papi who occasionally used to be possessed by a spirit had died during the night while being possessed, of the spirit. On investigation, the accused-appellant was prosecuted, convicted and sentenced as aforesaid.

(3.) Obviously, there is no eye witness of the incident. The circumstances which have been proved against the appellant are that the appellant was the only person with the deceased in the night during which she died and that the appellant did not have cordial relations with his deceased wife.