JUDGMENT

Dr. ANAND, J.:—This appeal by special leave, is directed against the judgment of the High Court of Delhi dated 12th of November 1984#, setting aside an order of the Additional Sessions Judge New Delhi, acquitting the appellant of an offence under Sections 302/ 203, IPC.

# Reported in 1985 Cri LJ NOC 117.

2. The prosecution case is that on the fateful night of 25th/26th July, 1976, the appellant and his wife, Usha Jain, went to sleep in the back verandah of their house situated at P-5, Green Park Extension, New Delhi while his brother M. P. Jain along with his wife Sharda and children went to sleep separately in their bed-room in the same house. Police Control Room was informed over the telephone by Sulekh Chand Jain at 4.55 AM that an incident had taken place at P-5, Green Park Extension and on receiving the telephone message, S.I. Mauji Ram made a record of it in the daily diary and passed on the information to the duty officer at police station Hauz Khas. ASI Maha Singh was deputed to proceed to the spot for investigation of the case. After reaching the spot, the said ASI Maha Singh informed the police station on telephone that a murder had taken place. The information so provided was recorded by ASI Mangal Seri in the daily diary whereupon SHO Harmit Singh immediately left for the spot along with SI Dalip Singh, SI Moti Singh, Constable Bhawani Dutt and Constable Randhir Singh. The police party arrived at the spot at about 5.35 a.m. and took charge of the investigation. The appellant was present near the dead-body which had been covered by a Dhoti and on interrogation, the appellant informed the police party that his brother and family had retired for the night in their bed room at about 10.00 p. m. and he along with his wife had slept in the back verandah. Before going to sleep, he had locked the collapsable door of the back verandah. The wife of the appellant was wearing a gold chain on her neck, eartops in her ears and golden bangles on her wrists besides glass bangles. At about 1.30 a.m., the appellant felt thirsty and asked his wife to give him water and after some time when he felt chilly, he went inside the room. He slept in the room while his wife kept sleeping outside. At about 3.45 a.m., the appellant got up to urinate and when he went outside the room, he found that his wife was lying on the cot with her face upwards but her clothes were in a loose condition and she was almost naked up to the thighs. On going closer to the cot, he found her tongue protruding and on touching her, he found her dead. He noticed some scratches on her face and neck and also discovered that the golden chain which was on her neck and golden bangles were missing from her body. According to the appellant, his wife had been murdered by somebody by strangulation while committing the theft of the golden chain and the bangles. He started screaming and his brother, the brothers wife as well as some neighbours came there. Since, his telephone was found to be out of order, police was informed at his request by Sulekh Chand, another neighbour, from his telephone. The parents of the deceased, living in Sonepat were also conveyed the tragic news on telephone through their neighbours. The statement of the appellant which revealed a case of lurking house trespass, with a view to commit offence of theft and murder, was recorded as Ex.P5 and a case under Section 460, IPC was registered. The statement of the appellant Ex.P5, was despatched by SHO Harmit Singh to the police station with his endorsement for registration of a case under Section 460, IPC. Formal FIR was registered by ASI Mangal Sen at the police station and the same was received back by the SHO at the house of the appellant at about 6.45 a.m. The crime team as also the dog squad were summoned. Both the dogs of the dog squad were first let loose to pick up the smell and according to the ASI Ranbir Singh, in-charge of the dog squad, the dogs after picking up the smell from the lock lyi