As per Hon'ble Shri Radhe Shyam Sharma, J. :-

1. This appeal is directed against judgment dated 31-3-1998 passed by Additional Sessions Judge, Janjgir, District Bilaspur in Sessions Trial No. 166/95. By the impugned judgment, accused/appellant Shiv Kumar @ Munna has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

2. Case of the prosecution, in brief, is as under:

Marriage of deceased Neera Bai was solemnized with the appellant 8-9 months prior to the incident. After marriage deceased was residing with the appellant. The deceased used to omit. The appellant suspected her chastity and some quarrel took place between the appellant and the deceased. Thereafter, the appellant got birds' killing poison from his friend Ashok Kumar (PW-3) and administered it on the deceased and also pressed her neck. The appellant took the jewellery of the deceased and sold it to one Jagsai (PW-12) and consumed liquor. Thereafter, the appellant took blessing by touching the feet of his father, Kapil Prasad (PW-1) and brother Shivshankar @ Bade Munna (PW-14) and narrated the incident to them and left a letter (Ex.-P/10) before his elder brother Shivshankar @ Bade Munna (PW -14). Just before the incident the appellant was present in his room alongwith the deceased. In the evening, when the deceased did not come out from the room, Ambika Bai (PW-4, mother-in-law of the deceased) called her, when the deceased did not reply, then she went to the room and saw that the deceased was lying. She called her husband Kapil Prasad (PW-1). Kapil Prasad (PW-1) went inside the room and he found that the deceased was dead. Kapil Prasad (PW -1) lodged First Inforn1ation Report (Ex.-P/1) and merg intimation (Ex;-P/2) in Police Outpost Baloda. Thereafter, regular First Information Report (FIR) (Ex.-P/25) and regular merg intimation (Ex.-P/24) were registered in Police Station, Akaltara. The Investigating Officer reached to the place of occurrence, gave notices (Ex.-P/3 & Ex.-P/5) to Panchas and prepared inquest (Ex.-P/4) on the dead body of the deceased. The dead body was sent to Community Health Center Baloda Bazar for post mortem examination vide EX.-P/14. The postmortem examination was conducted by Doctor S.C. Mishra (PW-7). He gave his report (Ex.-P/15), in which he opined that the cause of death was asphyxia due to poison, like cyanide, and the death was suicidal in nature.

In further investigation; steel thali, Katori and mala were seized from the place of occurrence vide EX.-P/6. Memorandum statement of the appellant was recorded under Section 27 of the Evidence Act vide EX.-P/9 and at his instance, a letter (Ex.-P/10) was seized from the appellant vide Ex.-P/11. Viscera of the deceased was seized vide EX.-P/12.

After completion of the investigation, charge sheet was filed against the appellant in the Court of Judicial Magistrate First Class; Janjgir, who, in turn, committed the case to the Court of Session, Bilaspur, from where it was received on transfer by the Additional Sessions Judge, Janjgir who conducted the trail and convicted and sentenced, the appellant as mentioned above.

3. Shri V.C.Ottalwar, learned counsel appearing for the appellant, submitted that the appellant has been falsely implicated. The prosecution has relied upon evidence of Ashok Kumar (PW-3) but on the basis of his evidence, the prosecution has not been able to prove that the appellant administere4 poison on the deceased. He further argued that there was, no eye-witness to the incident and the case of the prosecution was based, on circumstantial evidence. The circumstances were not fully established nor they were of conclusive nature and tendency and all the circumstances allegedly proved against the appellant were capable of being explained. EX.-P/10 can not be treated as extrajudicial confession of the appellant and it can not be used against the appellant for conviction. Therefore, the conviction based on the above circumstanti