M. L. TAHALIYANI, J.

The appellant had allegedly killed his wife (hereinafter referred to as 'the deceased') in a room situated at Shankarashram Lodge, Main Road, Chandrapur by strangulation. The appellant was married to deceased Smt. Archana on 20th May, 1999. The appellant and the deceased were staying at Bhadrawati, District Chandrapur. The appellant was doing labour work at various sites in Maharashtra as well as at the sites situated outside Maharashtra also. The earnings of the appellant were not sufficient enough to take care of his wife and children.

2. It is the case of prosecution that the deceased had, therefore, accepted the job in a private hospital of Dr. Mala Premchand as a Nurse about 7 to 8 months prior to the date of incident. It appears that the appellant was informed by somebody that his wife had developed extra marital relations with one Satish, who was working as driver of Dr. Mala Premchand. He got this information on telephone when he was at Sambalpur in Orissa. It is also the case of prosecution that when the appellant returned from work for celebrating Dasara at his native place, he came to know that the deceased had conceived due to illicit relations between the deceased and said Satish. He also came to know that she had gone to Chandrapur along with Satish and one Pappu for abortion. During that period, the deceased was staying with her parents. Her two sons were also staying with her. She used to come to the place of the appellant whenever called by the appellant. The deceased herself had told the appellant that she had an affair with Satish driver and she could not leave without him. The appellant tried to convince the deceased that she should severe her relations with Satish. Believing that the deceased would not again indulge into such activity and the appellant started staying with deceased from 4th November, 2006 onwards.

3. The alleged incident had occurred on 10th November, 2006. The deceased and the appellant had come to Chandrapur on 7th November, 2006 as the deceased had to apply for Nurse Training Course. They stayed at various places during the period from 6th November, 2006 to 10th November, 2006. They had also visited the house of sister of the appellant namely Manju to attend her birthday celebration. It was on 9th November, 2006 at about 1.30 a.m. that they left Manju's place and came to Chandrapur Railway Station. They decided to go to their native place Bhadrawati. However, at about 4.30 a.m. they decided to stay at Chandrapur to collect certain documents of the deceased. Therefore, they went to Shankarashram Lodge at about 5.00 a.m. The appellant had allegedly booked a room in his own name and had recorded name of the deceased as his partner. As far as names are concerned, there does not appear to be any suppression of any name or surname and the correct names and surname were recorded in the Register. In the hotel room, the appellant again tried to convince the deceased that she should severe her relations with Satish. It is alleged that the deceased was not ready to concede and therefore, the appellant strangulated her by means of a saree at about 7.30 a.m. The appellant thereafter straightway went to Ramnagar Police Station of Chandrapur and met PSI Bhusari, who was on duty.

4. It is the case of prosecution that the appellant narrated the whole story to the Police Officer. The Police Officer Bhusari took entry in the station diary at Sr. No.14. Since the offence had taken place within the jurisdiction of City Police Station of Chandrapur, Police Officer Bhusari had taken the appellant to City Police Station. He had also carried station diary of Ramnagar Police Station with him and handed over a copy of station diary and the appellant to the duty officer API Mr. Gawai. API Mr. Gawai made station diary entry at City Police Station and proceeded to Shankarashram Lodge. On verification, it was found that the appellant and the deceased had stayed in Room No. D of the Lodge. A