1. - The appellant Sampat Singh was charged and tried under Section 302 IPC for having committed murder of his wife Smt. Santa. Learned Additional Sessions Judge Kekri vide judgment dated May 22, 2002 convicted the appellant for the offence under Section 302 IPC and sentenced him to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer one year simple imprisonment.

2. The brief facts of this case are as follows:-

On May 8, 2001 the informant Hazari Rawat, father of victim Santa, submitted a written report (Ex.P-10) at police station Bhinai, stating therein that he came to know through one Om Prakash that his daughter Santa, who was married to appellant only one year ago, had died in her husband's house because of pain in abdomen. The informant along with Bhanwar Singh, Ram Singh, Viram Singh, Mahesh and 7-8 others rushed to the village Govalia and saw injuries on the dead body of Santa. There were marks of strangulation on her neck. Police Station Bhinai, on the basis of this report registered a case under Section 302 IPC and investigation commenced. Post mortem on the dead body was performed. Necessary memos were drawn, statement of witnesses were recorded, the accused was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Kekri. Charge under Section 302 IPC was framed against the accused who denied the charges and claimed trial. The prosecution in support of its case examined as many as 22 witnesses. In the explanation under Section 313 Cr.P.C., the accused claimed innocence and stated that he was falsely implicated in the case. Four witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

3. Death of Santa was homicidal in nature. As per postmortem report (Ex.P-14) following ante mortem injuries were found on the dead body:-

1. There was ligature mark around neck and face at back of occipital region.

Ligature mark ranging from 1/4th cm 50 1/2 cm at places. In front of neck the abrasion was deep at cricoid cartilage area.

2. Three rounded interpulted abrasion at chest in 3cm reduus.

3. Another rounded interpulted abrasion was at (L) forearm about 3 cm diameter.

4. Multiple abrasions were at the both thighs and genital region about 7 x 7 cm ob.

5. Bleeding and lacerated wound was found present at lateral aspect of thigh.

6. Produce of conception present about 3 x 3 cm size in uterus about 6 to

8 weeks size.

Dr. S.N. Dargad ( PW.14), who conducted autopsy on the dead body deposed that the cause of death was asphyxia due to strangulation.

4. There is no eye witness of the occurrence and the prosecution case rests on circumstantial evidence which broadly speaking are as under

(i) On fateful day Santa was last seen with the appellant and they were alone in the house.

(ii) Cause of death of Santa was asphyxia due to strangulation.

(iii) The appellant raised false plea that Santa died because of stomach pain.

(iv) Rope (Article 1) allegedly used in commission of offence got recovered at the instance of the appellant.

5. Mr. Biri Singh, learned counsel for the appellant canvasses that the relations of the appellant and deceased were cordial from the very beginning and there was no reason or motive for the appellant to kill his wife. The prosecution has utterly failed to link up circumstantial evidence. There is no cogent evidence to connect the appellant with the alleged murder of his wife Santa. So far as the evidence of last seen is concerned, there is nothing unusual about seeing a wife in the company of her husband. The evidence created through alleged information and consequent recovery of rope is per-se fake and fabricated.

6. Per contra, learned Public Prosecutor supported the impugned judgment and urged that the prosecution has established beyond reasonable doubt that it was the appellant who committed murder of