The main legal point established in the judgment is the reliance on circumstantial evidence, including extra-judicial confession, motive, and recovery of the weapon of offence, to establish the guilt of the appellant.

JUDGMENT

Mukta Gupta, J.

1. By this appeal, the appellant challenges the judgment of the learned Trial Court dated 6th June, 2018 by which the appellant was held guilty for murder of one Neha (deceased) who was the wife of the appellant. The appellant also impugns the order on sentence dated 8th June, 2018 whereby the appellant was directed to undergo rigorous imprisonment for life along with fine of Rs.50,000/- in default whereof simple imprisonment for two years for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC").

2. Brief facts of the case are that the appellant was the husband of the deceased and that the appellant used to fight with the deceased and on 2nd March, 2017, the appellant made a call to his brother Manjeet Rana and confessed his crime and told him "100 par phone kar de, maar di maine uppar padi hai va theek hai". On hearing this, Manjeet Rana (PW-2) woke up his mother Sushila and asked her to come with him upstairs to see if the appellant and the deceased have fought again. On the second floor, he saw the deceased lying on a double bed in her room with a blanket on her face and after removing the blanket he saw her throat cut and that she was covered with blood. Manjeet and Sushila came downstairs and told everything to his father Satbir Singh Rana who made a call at number 100 from his mobile No.9811773332, which was recorded vide DD No.11A and was marked to SI Suresh Chand (PW-36). The deceased was taken to the hospital by the PCR van and in the meanwhile, SI Suresh Chand along with HC Rajender reached H. No.200, 2nd Floor, where there was one room and in the said room one double bed was lying and blood was found on the bedding of the double bed. Statement of Manjeet Rana (Ex.PW-36/A) was also recorded. The deceased was declared dead at the hospital at 9.42 AM and the dead body was preserved at the mortuary at the BSA Hospital and was sent for post-mortem examination.

3. Dr.Mukesh Kumar (PW-37), along with Dr.Vijay Dhankar and Dr.Brijesh Naraian Singh conducted the post-mortem examination on the body of the deceased on 2nd March, 2016 and prepared his report Ex.PW- 37/A. He opined:

"IX. EXTERNAL EXAMINATION

Injuries:

1. Clean cut incised wound, transversely placed, of size 18cm x 3cm x vertebra deep present over the anterior aspect of neck, 6cm below the tip of the chin, 5cm above sternal notch. Trachea and esophagus were cut through and through along with surrounding muscles, vessels and nerves with cut present over the front of vertebral column. Multiple tailings present on the two ends of the injury.

2. Incised wound 2.5 cm x 0.2 cm x skin deep present over the front of neck about 0.5 cm below the injury no. 1.

X. INTERNAL EXAMINATION

a. Head

On reflection of the Scalp, no extravasation of blood was present. Skull was intact. No epidural hemorrhage was present. No Subdural hemorrhage was present over the brain. The pia arachnoid was congested. No Subarachnoid hemorrhage was present over the brain. Brain parenchyma was pale. Brain weighed 1164 grams.

b. Neck

No extravasation of blood was seen in the soft tissues of neck. The Larynx, pharynx and tracheal mucosa were pale. Thyroid gland, strap muscles of neck and vessels of neck were unremarkable. Hyoid Bone and Thyroid Cartilage were intact.

c. Chest

No effusion of blood was present on reflection of chest wall. Pleural cavities were unremarkable. Collar bone, sternum and ribs were intact. Both lungs were pale and weighed 254 grams and 268 grams on the left and right side respectively. Cut section was unremarkable except for pallor.

Pericardium and Pericardial cavity were unremarkable. Heart weighed 236 grams. Great vessels were unremarkable. Valves were patent and competent. Coronary ostia were patent. Patency present in the various segments of the coronary tree. No congenital anomalies were present. Diaphragm was intact.

x x x x x x

XI. OPINION:

Death is due to hemorrhagic shock consequent upon injury to the neck. All injuries are ante-mortem