NAVIN SINHA,J. - (1.) The appellant is aggrieved by his conviction under Section 302 IPC sentencing him to life imprisonment, and under Section 25 of the Arms Act for one year.
(2.) The appellant submitted a written report to the police that in the night intervening between 24/25.03.2002, at about 01:30 AM, three hooligans entered his house to abduct him. His wife was shot dead by the miscreants after a scuffle when she tried to prevent them from doing so. One firearm injury was found on the person of the deceased, with an entry and exit wound. On consideration of the evidence, the appellant was convicted by the trial court and which has been upheld by the High Court.
(3.) Dr. Surender Singh Hooda, learned counsel for the appellant, submitted that the present is a case of circumstantial evidence. Relying on Sharad Birdhichand Sarda vs. State of Maharashtra, 1984 (4) SCC 116, it was submitted that the links in the chain of circumstances had not been established pointing conclusively towards the guilt of the appellant alone. Mere suspicion, no matter how strong, cannot be the basis of conviction. No incriminating circumstances were put to the appellant under Section 313 Cr.P.C. The High Court has disbelieved the recovery of the country made pistol on the alleged confession of the appellant under Section 27 of the Evidence Act, 1872. The conviction of the appellant is unsustainable and he is entitled to acquittal.;