1. The husband is the appellant and the wife is the deceased in this case. According to the prosecution case, on the intervening night of 27th and 28th October, 1978, the appellant strangulated the deceased to death with a belt. The brother of the deceased, next day, gave a complaint and investigation was taken up. The inquest was held and the dead body was sent for postmortem. The Doctor, P.W. 4, who conducted the post-mortem, opined that death was due to asphyxia as a result of strangulation. On completion of the investigation, a charge-sheet was filed.
2. The case rests on circumstantial evidence supported by medical evidence. The learned trial Judge, accepting the prosecution case, convicted the appellant under Section 302, Indian Penal Code and sentenced him to undergo life imprisonment. The appeal filed by him was dismissed by the High Court. Hence the present appeal.
3. It may be mentioned at this stage, that the plea of the accused was that the deceased committed suicide by hanging herself and he found the dead body hanging in the morning. He went and informed P.W. 8. This plea has been rejected by both the courts below.
4. The presence of the accused in the house, on the fateful night, is not in dispute. The medical evidence assumes importance in this case to ascertain the cause of death. The Doctor-P.W. 4 deposed that he found that there was one continuous mark of ligature, of 16 cm x 1.5 cm starting from the interior part of the left angle of the mandible directed downwards transversely across the front of the neck to the right side of the neck and ending 9 cms. below the tip of the right mastoid process. The base of the ligature was reddish in colour and hard margins were ecchymoised. On internal examination, the Doctor also found fracture of the hyoid bone. He firmly opined that these symptoms lead to the conclusion that the cause of death was asphyxia and shock as a result of strangulation around the neck. P. W. 8 deposed that on 28-10-78 at about 6.30 a.m. the accused came to her house and informed her and others that the deceased had died. P.W. 8 and others accompanied by the accused went to his house and saw the dead body lying on a cot. The evidence of this witness falsifies the version of the accused that the dead body of the deceased was seen hanging. It is not his case that he brought down the dead body and placed it on the cot. The fact that the dead body was found lying on the cot also corroborates the prosecution version that the death was due to strangulation. Both the courts have discussed the evidence in detail and have given cogent reasons. We see no grounds to interfere.
The appeal is accordingly dismissed.