The judgment establishes the principles of circumstantial evidence, burden of proof, and the need for the accused to explain incriminating circumstances to establish guilt beyond reasonable doubt.

JUDGMENT ANIL VERMA, J. : – The appellant has preferred the present appeal against the judgment of conviction dated 11-11-2011 passed by the Sessions Judge, Indore in Sessions Trial No. 937/09, whereby the appellant Ganesh has been convicted and sentenced as under : –

Conviction u/s.	Sentence	Fine	Imprisonment in lieu of payment of fine amount
302 of IPC	Life Imprisonment (two counts)	Rs. 10,000/-	1 year R.I.
201 of IPC	Two years’ R.I.

Both the jail sentences have been directed to run concurrently.

2. It is admitted fact that deceased Girija Bai was married to the appellant about 3 years prior to her death and they were having one infant son Krishna.

3. As per the prosecution story, on 22-5-2009 at about 6.15 p.m. police station Khudel got information from Rajesh Yadav (PW-9) about a burning car lying in the deep ditch at Nachanmore Valley. Police party reached on the spot and found the burning car lying in the 30 ft. deep ditch at Nachanmore Valley, in which dead bodies of a female and one boy were found observed by the police in totally charred condition. On the basis of the said information two Merg Nos. 1/09 and 2/09 were registered. ASI A. R. Sheikh (PW-10) prepared the inquest report of the dead bodies before the Panch witnesses and sent for the autopsy through Ex.P/16 and P/17 respectively. Postmortem examination was conducted by Dr. N. M. Unda (PW-8) on 23-5-2009. Senior scientific officer Dr. Sudheer sharma (PW-11) inspected the place of occurrence and prepared report Ex.P/18. During the inquiry statement of the witnesses were recorded and it is gathered that the appellant and the deceased were engaged in violent quarrel with each other and when the deceased was pregnant, she was taken by her parents in their house, where she delivered a male child who was named Krishna. The appellant was suspecting upon the character of the deceased Girija. At the time of living his in-law’s home, the appellant had threatened the parents of the deceased by saying that Girija Bai would never see border of the village Baman Khedi. It is also gathered that appellant intentionally and deliberately committed murder of his wife Girija Bai by strangling her in his Maruti Car bearing registration No. MP09-A-5293 and in order to commit the murder of his son Krishna he set the car on fire, pushed it into the deep ditch, due to which Krishna lost his life and in order to escape from the punishment of committing the murder of his wife and son, appellant destroyed the evidence by setting the car on fire and thereafter pushing it down into the deep ditch of the valley. Accordingly offence has been registered against the present appellant.

4. After completion of the investigation, charge-sheet was filed before the Addl. Chief Judicial Magistrate, Indore, who committed the case to the Court of Sessions Judge, Indore, who had framed the charges against the appellant under section 302 and 201 of Indian Penal Code. The appellant abjured his guilt. He pleaded innocence and took the plea that death of his wife and son had occurred due to the car accident and he has been falsely implicated in this matter. In order to bring home the charges framed against the appellant, prosecution has examined 14 witnesses.

5. The trial Court after appreciation of the evidence available on record, arrived at the conclusion that the prosecution has duly proved its case and there is a significant material available against the appellant which is sufficient to convict him. Consequently vide impugned judgment appellant was held guilty and convicted and sentenced as mentioned above. Hence, the appellant has preferred this appeal.

6. Learned counsel for the appellant contended that the entire case is based upon circumstantial evidence. There is no eyewitness in the case and no oral or written dying declaration of the deceased has been record