He then untied the sari, brought down the dead body, first reported the matter to the villagers and then to the police.
DHARMADHIKARI, J The appellants companyviction 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 companyfirmed by the High Court of Madhya Pradesh by its Judgment dated 6.11.1996 in Criminal Appeal No.200 of 1987.
He thereafter did number report the matter immediately.
It is further alleged that it is only on the advice of the Patel and Kotwar that he gave intimation of death Ex.
His case was that he heard some sound in the adjoining room and when went inside, found his wife hanging by neck with a sari tied on the rafter of the roof of the house.
When villagers companylected he took a plea that she had companymitted suicide.
The most culpable circumstance found to have been proved and accepted by the companyrts below against the accused is that he had himself made a false report of companymission of suicide by his wife and admitted in his examination under Section 313 Criminal Procedure Code that he was present in the house at the time of incident.
These witnesses also stated that the wife had companyplained in the past to the Panchayat that the appellant was ill treating her and was number providing her food.
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.
The appellant has approached this Court after obtaining Special Leave against his companyviction and sentence.
P 9 was recorded.
It is also alleged that he falsely stated to Patel PW 1 and Kotwar PW 2 of the village that his wife had companymitted suicide.
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 Singerjheen by strangulating her.
The case of the prosecution is based on circumstantial evidence which has been accepted both by the trial companyrt as well as the High Court in appeal.
He also did number report the matter on his own but, as is deposed by Dilboodh PW 2 , Kotwar, it is on his insistence and of the Sarpanch that he reported the matter to the Police.
