Circumstantial evidence and lack of reasonable doubt establish guilt under Section 302 IPC.

1. The present appeal arises from judgment dated 23.01.2010, passed in Sessions Trial No. 94/2009 by the Additional Sessions Judge, Sakti, Sessions Division Janjgir Champa (CG). The appellant has been convicted under S.302 of the Indian Penal Code (hereinafter referred as IPC) to suffer rigorous imprisonment for life and fine of Rs.200/- failing which he has to undergo further two months of rigorous imprisonment. He has been further sentenced for 3 years under S.201 IPC with fine of Rs.100/-, failing which he will have to undergo one month of further custody. The sentences under IPC are to run concurrently. In the event of failure to pay fine they shall run consecutively. The charge against the appellant was he killed his wife at home and then burnt it inside the house on cowdung cakes, remains unburnt were also recovered.

2. The prosecution story is that PW 6, Lav Kumar Satnami accompanied by PW 11, Abbulal Satnami, on 12.01.2009 at about 10:30 am, went to Dabhra Police Station and gave a verbal report that on date he had been informed by PW 12, Deepak Lahre that the appellant had told the latter that he had killed his wife on the previous night of 11.01.2009. He also asked him to collect wood for disposing the dead body by burning. PW 6, Lav Kumar Satnami found the body of the deceased in the Courtyard lying over cow dung cakes. Site Panchnama was prepared marked Ext. P3 Stating the place of occurrence was in the Courtyard of the appellants house, broken bangles of the deceased were found near the burnt body with skeleton only visible lying over heap of cowdung. Merg statement No. 2 of 2009, marked Ext. P5 was drawn up on statement of PW 6 at 10:30 on 12.1.2009. Janjgir P.S. Case no. 8 of 2009 was registered on 12.1.2009 marked Ext. P6 on the statement of PW 6. Seizure memo Exts. P11, P12 and P13 were drawn up on 12.1.2009 for recovery of bones, ashes earth, broken bangles and a Babool stick used for assaulting the deceased. Postmortem of the seized bones was conducted by PW 17, Dr. G. L. Miri. The bones were in pieces with parts of the stomach attached to the vertebra. The stomach area was burnt and the intestines were visible. The Doctor was of the opinion that it was not possible to state whether the remains were of a male or a female person. The appellant was arrested and on his confession, a Babool stick (Acacia tree stick) was recovered stated to have been used for assaulting the deceased. The remains of the deceased were sent for forensic examination, the report of which could not be received.

3. PW 1, Manmonhan Singh and PW 2 both police staff at Dabhra Police Station proved the seizure of the bones of the deceased by PW 10, G.B. Sahu, Assistant Sub-Inspector kept in a plastic bucket, marked as Ext. P1 and taking of the same to FSL by the latter.

4. PW 3, Jagram, a co - villager proved the seizure of the bones in his presence and signed site Panchnama, Ext. P3. He denied that at the time of occurrence, the appellant was working at a Crusher elsewhere or that the appellant suspected his wife of infidelity.

5. PW 4, Ramprasad Satnami and PW 5, Banshidhar Khunte the brothers of the deceased said that deceased, Palbai often told them that the appellant suspected her of Infidelity and that the appellant had burnt his wife at home after killing her. The latter also stated that earlier she had left home for that reason. A Panchayat was held after which the appellant had taken her back home. He acknowledged that he was making this disclosure for the first time in Court. He denied that the deceased suffered from any illness.

6. PW 6, Lav Kumar Satnami admitted his signature on the Merg statement and FIR and the site map but