Sec.302 – Murder of Wife – Circumstantial evidence – last seen theory – Accused in the last night with his wife – Sec.313 – non-explanation about his where abouts at the time of death which took place in the last night, by accused – recovery of assaulted weapon – clearly discloses the Accused is an offender – Apex court dismissed the appeal =
The accused in his statement under Section 313 Cr.P.C. in reply to
the question Nos. 3 and 4 stated that on 17th July, 1987 he was not at his
house. Such statement cannot be believed in absence of any explanation
given by the accused as where he was in the night between 17th and 18th
July, 1987. The accused could not explain as to where he was in the night
of 17th July, 1987. The conduct of the accused was unnatural in not
disclosing the place where he remained in the fateful night, making it
clear that his statement under Section 313 Cr.P.C. was not believable. From
the testimony of the real mother of the accused, Manuli Devi (PW-1) as well
as Bachi Singh (PW-4), Pradhan of the village, it is fully established that
the accused was very much present in the house on the fateful night and
there was a quarrel between the accused and his wife. In the absence of any
reason for leaving his house, it can be held that the accused remained in
his house in that night.
The statements of Manuli Devi (PW-1)-mother of accused, Bachi Singh
(Pw-4)- Pradhan and Khimuli Devi (PW-2)- sister-in-law also suggest that
the accused was last seen with the deceased.
26. The above narration of chain of circumstantial evidence relied upon
by the prosecution in the present case lead to the inference that the
accused is guilty for the offence of murder of Himuli Devi as all the
circumstances taken together lead to only hypothesis of the guilt of the
accused-appellant. The chain of circumstantial evidence relied upon by the
prosecution is complete to hold the accused guilty of the offence
punishable under Section 302 IPC. We hold that the accused-appellant Khim
Singh was rightly convicted and sentenced under Section 302 IPC for life
imprisonment by the learned Sessions Judge as affirmed by the High Court.
27. As a result, the appeal preferred by the accused-appellant has no
force and the same is liable to be dismissed. The appeal is, accordingly,
dismissed.
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