In a case based on circumstantial evidence, the prosecution must establish a complete chain of circumstances linking the accused to the crime. The accused has the burden of offering a cogent explanation for the circumstances, failing which, the court may draw an adverse inference against the accused.

JUDGMENT

Poonam A. Bamba, J. Vide this appeal, the appellant is assailing the judgment dated 23.08.2019 (`impugned judgment' in short) passed by Ld. ASJ, FTC, E Court, Shahdara, Karkardooma Courts, Delhi, convicting the appellant for murder of his wife Shahjahan; and order on sentence dated 30.08.2019, sentencing him to life imprisonment under Section 302 IPC with fine of Rs.10,000/-, in default to undergo simple imprisonment for six months.

2. Briefly stating, case of the prosecution is, that on 24.02.2015 at about 02.47 p.m. a call was received at PS Jafrabad that at H.No.C-1312, Gali No. 13/1, Near Panchayati Dharamshala, Chauhan Bangar, tenant of the caller has committed murder of his wife Smt. Shahjahan. Said information was recorded vide DD No.16-A (Ex.PW8/A), which was assigned to PW-21 Inspector C.L.Meena, who along with HC Shiv Kumar (PW-6), Ct. Ajay Kumar (PW-7) & Ct. Krishan went to the spot. The said house was built upto fourth floor and, one dead body was lying on a folding iron cot in outer room on the ground floor. One Nafees (PW-15) S/o. Yusuf, relative of the landlord, informed that body is of Smt. Shahjahan W/o. Julkar Nain/the appellant; and that her husband/appellant has confessed in their presence that he has killed his wife by strangulation and that they have caught hold of him. Meanwhile, HC Sanjeev (PW-5) and Ct. Krishan also reached the spot and custody of the appellant was handed over to them. On checking the dead body, marks of strangulation were found on the neck of the deceased. Nafees (PW-15) and other persons, present at the spot also informed that since morning the appellant was telling that his wife was ill. However, when she was being taken to Shastri Park hospital, the appellant compelled them to return and on asking the reason, he told that he wanted to take his wife to his sister's house and said "Main Phans Jayunga". On which they got suspicious and checked the deceased and found injury marks on her neck and face. They brought back the deceased and the appellant to their house and made the deceased lie on a cot. Enquiries were made with the appellant, who admitted that he killed his wife by strangulation. The tenanted room of the appellant at first floor was inspected. Crime team was called. During investigation, in presence of other staff also, the appellant confessed to have killed his wife by strangulating her with chunni and pressing her neck, as he suspected her character. The appellant also got recovered chunni with which he strangulated the deceased. The appellant was arrested vide arrest memo Ex.PW6/A. Post mortem of the dead body was got conducted vide post mortem report Ex. PW11/A and thereafter, the body was handed over to the relatives.

3. Dr. Vishwajeet Singh, PW-11, Sr. Demonstrator, Forensic Medicine Department, UCMS and GTB Hospital, Delhi who conducted post mortem vide his report Ex. PW11/A and subsequent opinion Ex.PW11/B, observed and opined as under:

"POST-MORTEM REPORT (Ex. PW-11/A)

DEPARTMENT OF FORENSIC MEDICINE

UCMS AND GTB HOSPITAL, Delhi-110095

POSTMORTEM REPORT No. 239/15

Date & Time of receiving dead body and Inquest Paper: 25/02/15 at 2.00 pm

Date & Time of starting autopsy: 25/02/15 at 2.10 pm

Date & Time of concluding autopsy: 25/02/15 at 3.30 pm

Body brought & Identified by

.......

Name of deceased: Smt. Shahjahan Husband: Mohd. Julkar Nain Age 32 years Sex: Female

Address: H. No. C-1312, G. No. 13/1, Chauhan Bangar, Delhi.

Brief history of the case (As per Inquest Paper): Alleged history of found dead on 24/02/2015 at 2.47 PM vide DD no. 16 A.

.....

(A) General Observation: Dead body of an adult female wrapped in white sheet and wearing violet salwar, green colour maxi with black prints, pink panty with white prints and white chunni with blue prints. Eyes closed, mouth partially open. Face congested. Subconjunctinal hemorrhage present in both eyes. Rigor mortis passing off. Postmortem staining present over back and fixed, greenish discolouration over chest, abdomen. Lig