IMPORTANT POINT
Circumstantial evidence can establish guilt if it meets the five golden principles, and failure to explain incriminating circumstances can lead to a conviction.

JUDGMENT :

Sanjay Kumar Jaiswal, J.

1. Invoking jurisdiction of this Court under Section 374(2) of the Code of Criminal Procedure, the Appellant herein has preferred this criminal appeal calling in question legality, validity and correctness of the judgment of conviction and order of sentence dated 25.1.2021 passed by the Additional Sessions Judge (FTC), Baikunthpur at Korea (Chhattisgarh) in Sessions Case No.82 of 2018 by which he has been convicted and sentenced as under:

2. Name of deceased is Vinay Prabha Lakda. The Appellant, after death of his first wife Savitri Kujur, made Vinay Prabha Lakda his second wife. From the first wife, the Appellant has two sons, namely, Aman Kujur and Akash Kujur and one daughter Sapna Kujur. Elder son Akash works at Ambikapur and lives there. Daughter Sapna Kujur studies in Navodaya Vidyalaya. Younger son Aman was living along with the Appellant at Village Bade Ani. On 1.7.2018, extremely unpleasant smell started coming out from Quarter No.1100 situated in Vivekanand Colony, Charcha, SECL, where the Appellant and his second wife Vinay Prabha Lakda were living. Nagar Sainik (Home Guard) Afsana Ansari (PW3), who was residing above that quarter informed about it to police. Police found that bedroom of the quarter of the Appellant was locked and the unpleasant smell was coming out from the bedroom. The lock put on the door of the bedroom was broken in which bolt of the door also got detached from the door. A panchnama (Ex.P6) in this regard was prepared. Seizure of that bolt and lock was made vide Ex.P8. Dead body of Vinay Prabha Lakda was found lying below the bed in that bedroom. A nylon rope was also found in the room. Long hair were stuck at both the ends of that rope. The rope was seized vide Ex.P7. Dehati Morgue Intimation (Ex.P3) was recorded on the basis of information of Afsana Ansari (PW3). The dead body of Vinay Prabha Lakda was sent for post mortem examination. Spot map (Ex.P4) was prepared. Another spot map (Ex.P5) was got prepared by Patwari. Dr. G.S. Paikra (PW13) conducted post mortem examination over the dead body of Vinay Prabha Lakda and gave report thereof (Ex.P18) in which he opined that cause of the death was asphyxia resulting in respiratory arrest due to manual strangulation and nature of the death was homicidal. After conducting morgue inquiry, police registered First Information Report (Ex.P25) against the Appellant on 2.7.2018. Memorandum statement (Ex.P15) of the Appellant was recorded and at his instance 3 keys, aadhaar card of the deceased, her voter identity card, her another identity card, her ATM Card of State Bank of India, her Pan Card etc. were seized vide Ex.P16. The seized lock of the door of the bedroom of the Appellant was opened from one of the seized keys, which was of Lark make. The lock opened from that key. A panchnama (Ex.P14) thereof was prepared. In the examination of the seized rope by the Forensic Science Laboratory (FSL), it was found that the hair stuck in that rope was of the deceased herself. FSL Report is Ex.P22. The Appellant was arrested vide Ex.P28. Statements of witnesses were recorded. On completion of investigation, a charge-sheet was filed against the Appellant. The Trial Court framed charges against him under Sections 302 and 201 IPC.

3. To rope in the Appellant, the prosecution examined as many as 16 witnesses and exhibited 30 documents. In examination under Section 313 of the Code of Criminal Procedure, the Appellant pleaded false implication. He did not examine any witness in defence. On completion of