A plea of alibi must be proven with absolute certainty to succeed. Failure to prove such a plea, when coupled with credible eyewitness or circumstantial evidence, supports a conviction. Mere familial relationship does not invalidate witness testimony if it is found to be consistent and reliable.

ORDER :

Avanindra Kumar Singh, J.

This appeal has been filed against the judgment dated 8.12.2017 passed by the learned IV Additional Sessions Judge, Rewa in S.T No. 143/2016 - State of M.P. through Police Station, Civil Lines, Rewa v. Shrawan Kumar Singh by which the learned trial Court has convicted the accused under Sections 302 and 498-A of Indian Penal Code and punished him under Section 302 I.P.C with life imprisonment and fine of Rs.2,000/- and under Section 498-A I.P.C with three years R.I. and fine of Rs.500/-, in default to undergo additional six months and three months R.I. respectively.

2. The accused was charged under Section 498-A and 304-B I.P.C alternatively 302 I.P.C for causing death of his wife Priya Singh by demanding motorcycle as dowry for the last four years before her death and causing physical and mental cruelty due to which she died in unnatural circumstances and in alternative by strangulation of his deceased wife Priya Singh.

3. In the trial Court it was not disputed that deceased Priya Singh was wife of the accused and she was married about 5 years ago before her death with the accused and they had a young girl child aged two years and a half at the time of death and deceased was living with her husband in Rewa City near Manas Bhawan in a rented house where the incident took place.

4. As per the prosecution story on 8.4.2016, Priya Singh was brought at about 8:40 p.m. in S.G.M.H Hospital in dead condition. Therefore, her body was kept in mortuary, Police was informed and Merg Number 202/2016 under Section 174 I.P.C (Ex. P-8) was lodged. During course of merg inquiry, Naksha Panchayatnama (Ex. P-2) was prepared on 9.4.2016, postmortem of the body was done and in postmortem it was found that she died due to strangulation which caused asphyxia (P.M. report is Ex. P-6); therefore, an F.I.R (Ex. P-16) was registered, on the memorandum statement of accused (Ex. P-4) a Terricot Duptta was seized (Seizure Memo is Ex. P-13), accused was arrested, visra was sent to F.S.L vide Ex. P-15, statement of witnesses were recorded and charge-sheet was filed.

5. During the trial when charged with the aforementioned Sections, accused denied the charges and sought trial. After recording of prosecution evidence under Section 313 Cr.P.C examination accused stated that he is innocent, on 8.4.2016 he was working as Driver with Head Master Raju Patel (D.W.-1) and he came back from duty at 8 p.m. when he found his wife was lying in unconscious condition, he informed his brother-in-law Ashok Singh (P.W.3). He stated that he never demanded any dowry from his deceased wife or her family members. In his absence his brother-in-law Ashok Singh and brother-in-law of Ashok Singh used to visit the deceased wife and it might be possible that he had murdered his wife.

6. Learned trial Court recorded evidence of the prosecution witnesses viz., P.W.-1 Uday Raj Singh Father of the deceased, P.W.-2 Rajkumari Mother of the deceased, P.W.-3 Ashok Singh Chouhan Brother of the deceased, P.W.-4 Farida Begum in whose house the deceased was living with her husband, P.W.-5 Javed Ansari, P.W.-6 Dr. S.K. Pathak who conducted the P.M., P.W.-7 Nayab Tahsildar Santosh Kumar Tiwari, P.W.-8 Sarmina Singh Baghel Sister of the deceased, P.W.-9 Head Constable Parkhat Singh, P.W.-10 G.S. Baghel Sub Inspector, P.W.-11 Meena Singh Sister of the deceased, P.W.-12 Bharat Dubey C.S.P. Accused has examined D.W-1 Raju Prasad Patel, Incharge Principal, Govt. School Devghata, District Sidhi.

7. Against the judgment of conviction, the appeal has been filed on the ground that conviction is not based on facts and law and is arbitrary. There is no presumption that since appellant is husband, therefore, he has caused the death of Priya Singh. P.W.-4 Farida Begum and P.W.-5 Javed Ansari have stated in their statement that they never heard any type of dispute between deceased and accused. P.W.-6 Dr. S.K. Pathak has opined that cause of strangulation is due to throttling. At the time