JUDGMENT :

S. L. KOCHAR, J.

1. The appellant/accused stood convicted under sections 302 and 309 of the Indian Penal Code and sentenced to suffer imprisonment for life and fine of Rs. 2,500/-, in default of payment of fine to suffer additional S.I. for six months and fine of Rs. 500/-, in default of payment of fine to suffer additional S.I. for one month respectively vide judgment dated 31-10-2008 passed by the learned First Addl. Sessions Judge, Ujjain in Sessions Trial No. 173/2006. Aggrieved by this judgment of conviction and order of sentence, the appellant has come up in appeal under section 374, Criminal Procedure Code before this Court.

2. According to prosecution case, deceased Anju alias Manju was married with the appellant in a community marriage function before 10 to 11 months of her death i.e. in the intervening night of 28th and 29th March, 2006. After marriage, the appellant was not visiting his in-laws house along with his wife and his father used to bring and leave the deceased Anju from his house to her parents' house. The appellant was not eating food prepared by his wife was under the influence of his aunt Prembai. It was also alleged that the appellant was having illicit relation with his aunt Prembai and deceased told this fact to her mother PW-7 Reshambai. Deceased had seen both (appellant and Prembai) on one cot and disclosed this fact to her mother. In the night of 28-2-2006, appellant was sleeping with his wife Anju alias Manju in his bed-room situated at first floor of the house and on the next day in the morning he found his wife in dead condition. A report to this effect was lodged at the Police Station by PW-5 Village Chowkidar Bannulal and PW-1 Meharban Singh on information received from Amar Singh, uncle of the appellant. It is also alleged that on next day in the morning, appellant was found feeling giddiness and in drowsy condition. Asstt. Sub Inspector Shri R. N. Malviya (PW-18) registered Merg at No. 09/06 as per provision under section 174 of the Code of Criminal Procedure. He prepared the inquest report Ex.P/2 in presence of PW-1 Meharban Singh, PW-5 Bannulal, PW-3 Nihal Singh and PW-7 Reshambai, mother of the deceased. In the opinion of Panchas of inquest report, deceased had died because of consuming some poisonous substance. Second inquest report of deceased vide Ex.P/12 was also prepared by PW-10 Additional Tehsildar, Sunil Patil. The dead body was sent with requisition memo Ex.P/14 for post-mortem examination and the same was performed by Dr. Deepak (PW-8) along with Dr. Anil Palod, Medical Officer of Civil Hospital, Tarana. The post-mortem examination report is Ex.P/18. Viscera of deceased was preserved and sent to Forensic Science Laboratory along with a bottle and plastic bag containing pesticides seized through seizure memo Ex.P/4 by PW-18 R. N. Malviya. The FSL report was received by the police, (It appears that report has not been exhibited, because of which in the record of the trial Court, there is no mention of this document in the list of proved documents). After inquest inquiry by PW-8 R. N. Malviya the same was again inquired by Dy.S.P. Smt. Hemlata Kurel (PW-14) and offence was registered against the appellant under sections 302 and 309 of the Indian Penal Code at Crime No. 60/06. After completion of investigation, charge-sheet was filed against the appellant.

3. The appellant refuted the charges and his defence was that he was suffering from mental disease at the time of incident and was falsely implicated. He has also submitted that at the time of marriage, he was suffering from mental ailment. He examined DW-1 Dr. A. K. Widwai and Dr. V. S. Pal (DW-2). Learned trial Court, after examining the witnesses of both sides and hearing them, convicted and sentenced the appellant as mentioned hereinabove.

4. Having heard learned counsel for the parties and after perusing the entire record carefully, it emerged that the conviction of the appellant is based on circumstantial evidence as