JUDGMENT

Madan B. Lokur, J.

1. The question for consideration is whether the facts and circumstances of the case require the application of Section 106 of the Evidence Act, 1872 and if so, whether the respondent/accused is guilty of the murder of his wife Dhapu Kunwar. In our opinion, both questions need to be answered in the affirmative and the High Court rendered a decision, perverse in law, in acquitting Thakur Singh and reversing the decision of the Trial Court.

The Facts

2. According to the first information report (FIR) lodged by Himmat Singh (PW-2), the

respondent/accused Thakur Singh was married to Dhapu Kunwar and they had a daughter aged about one year. Thakur Singh was working as a labourer or lorry driver in Ahmadabad. Since he was not feeling well, he was brought to the family home in Hingwania in Rajasthan on 25th February, 1999 where he stayed the whole day.

3. On 26th February, 1999 Thakur Singh's brother Bagh Singh (PW-3) was sent to fetch his brother-in-law Gotu Singh (brother of Dhapu Kunwar) who then came to Hingwania. He seems to have stayed overnight and on 27th February, 1999 Gotu Singh and Thakur Singh were together for most of the day. In the evening at about 4.