Excelsior Correspondent
JAMMU, Nov 20: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Rajnesh Oswal and Justice Rajesh Sekhri has upheld the life-imprisonment of Mohd Munshi, ASI in Police Department, who murdered his wife Mousma Bibi for extra-marital affair with his sister-in-law.
After hearing Senior Advocate Sunil Sethi with Advocate Waheed Choudhary for the appellant whereas AAG Amit Gupta for the UT, DB observed, “we have come to an irresistible conclusion that the nature of injuries and homicidal death of the deceased caused by the mutilated bullet, which was found embedded in the skull of the deceased was fired from the service revolver of the appellant”.
“Since appellant has failed to explain his absence from duty during the night of occurrence and he projected a false story during investigation and in his statement under Section 342 CrPC that his wife died due to fall from the rooftop, which he failed to prove, coupled with his conduct of failing to report the matter to the police on seeing the dead body of his wife with a circular hole on the right parietal region as also failure on his part to explain the incriminating circumstance regarding the recovery of bullet from the skull of the deceased, it leads to the only conclusion that it was the appellant who fired from his service revolver and killed his wife”, the DB said.
“The prosecution has succeeded to establish all the circumstances by reliable and trustworthy evidence and the circumstances so proved are conclusive in nature. We do not find any gap left in the chain of evidence adduced by the prosecution and the proved circumstances are consistent only with the hypothesis of the guilt of the appellant and totally incompatible with his innocence or the guilt of any other person. Therefore, we do not find any illegality in the impugned judgment of conviction and the order of sentence propounded by trial court”, the DB said.
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