MANDHARI Vs. STATE OF CHHATTISGARH
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
STATE OF CHHATTISGARH
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Dharmadhikari, J. -
(1.)The appellant's conviction and sentence of imprisonment under Section 302 Indian Penal Code passed by Second Additional Sessions Judge Ambikapur (Surguja) vide judgment dated 9-2-1987 has been confirmed by the High Court of Madhya Pradesh by its Judgment dated 6-11-1996 in Criminal Appeal No. 200 of 1987. The appellant has approached this court after obtaining Special Leave against his conviction and sentence.
(2.)The case of the prosecution against the appellant is that on 13-5-1985 at about 4.00 p.m. he killed his wife Kassobai alias Singerjheen by strangulating her. It is also alleged that he falsely stated to Patel (PW -1) and Kotwar (PW -2) of the village that his wife had committed suicide. It is further alleged that it is only on the advice of the Patel and Kotwar that he gave intimation of death (Ex- P-8) on 14-5-1985 at 9.00 a.m. in Police Station Jai Nagar and on the basis of which a formal FIR (Ex.P-9) was recorded.
(3.)The case of the prosecution is based on circumstantial evidence which has been accepted both by the trial court as well as the High Court in appeal.
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