IMPORTANT POINT
In a case based on circumstantial evidence, circumstances from which conclusion of guilt is to be drawn should be fully proved and such circumstances should be conclusive in nature. Circumstances should be complete and there should be no gap left in chain of events.

JUDGMENT :

AJAY RASTOGI, J.

1. The accused appellant was charged for offence under Section 302 IPC for the murder of his own wife Nirmala Mary while she was at the advanced stage of her pregnancy. After facing trial, he was held guilty of charge of murder of his wife under Section 302 IPC and was awarded life imprisonment by the learned trial Judge by judgment dated 3rd September, 2007 and confirmed by the High Court by judgment impugned dated 10th July, 2009.

2. The case of the prosecution is that marriage of deceased Nirmala Mary and accused appellant was solemnised on 17th February, 1997. The appellant used to frequently change his rented accommodation and whenever he changed the rented accommodation, he used to quarrel with the deceased and send her to her father to fetch money. Her father extended monetary help to the extent it was possible.

3. Since the date they shifted to Walles Garden area, the accused appellant used to come home after consuming liquor and invariably had a quarrel with the deceased and beat her. Deceased lodged complaint at the Police Station many a times in this regard and in continuation of the occurrence on the fateful night of 28th October, 2005, while he was quarrelling with deceased Nirmala Mary, he picked up a log from the house and beaten deceased Nirmala Mary and caused internal injury in her stomach and murdered her.

4. On the date of the incident, that is 29th October, 2005, Mrs. Glory(PW 2-aunt of the deceased) found her standing in the street. When she called the deceased (Nirmala Mary) and asked her what had happened, she replied that her husband had beaten her up with a wooden log. Since there was a regular quarrel taking place between husband and wife, Mrs. Glory(PW 2) told the deceased that after she come back, she would take the deceased to the hospital for treatment. After returning from work at home, she was informed that the deceased had been taken to the hospital in a serious condition. At about 4.30 p.m. on the same date, i.e. 29th October, 2005, the accused appellant brought his wife to the Kilpauk Medical College and Hospital, Chennai and complained that she had got cardiac arrest. The Doctor medically examined and found her dead. On receipt of the death intimation, PW 8, the Sub Inspector of Police, attached to the Police Station proceeded to the hospital and prepared the inquest report and FIR, in the first instance, was registered under Section 174 Cr.PC for suspicious death.

5. After the autopsy on the dead body was conducted by PW 7, the Professor of Forensic Medicine, Senior Civil Surgeon, Government Kilpauk Medical College, Chennai, it was opined that the deceased died of shock and haemorrhage due to thoracic injuries and on the opinion expressed in the post-mortem report, the case under Section 302 IPC was registered.

6. Pending investigation, the appellant was arrested. In order to substantiate the charge, the prosecution marched 11 witnesses and also relied on 17 exhibits and 4 material objects. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 CrPC to the incriminating circumstances found in the evidence of the prosecution witnesses, which he flatly denied as false and no defence witness was examined.

7. It is not in controversy that the incident took place on 29th October, 2005 during day hours and the dead body of the deceased was taken by the accused appellant to the hospital where she was declared dead by the Doctor (PW 6). The case of the prosecution was that the appellant attacked with a wooden log and caused her death because of homicidal violence. The defence plea was that it was a cardiac arrest. Even from the evidence of the Doctor PW 6, it would be clear that when the accused appellant brought the deceased to the hospital, she was dead but still informed the Doctor that she had a cardiac arrest. In the medical opinion canvassed through PW 7 Doctor, it was opined that she died out of shock and haemorrhage du