Indian Penal Code,1860  - Section 302

Criminal trail - Murder - Appellant murdered his wife or whether she committed suicide - Held - Evidence on record her neighbour that she was subjected to physical violence almost on a daily basis - The appellant had illicit relations with the wife of his elder brother. This may or may not be true but the fact of the matter is that relations between the parties were terribly strained and was subjected to physical abuse almost on a daily basis - A motive for the appellant to murder her - The fact that the appellant may have looked after Remani during her illness for a couple of days is neither here nor there - He was expected to do so - However, what is clinching in the present case is the medical evidence which clearly indicates that Remani was forcibly administered Furadan; she had resisted this forcible administration; as a result of her resistance, she received several minor injuries on her body - Eventually, with a view to overcome her resistance, she was smothered and ultimately she died as a result of the forcible administration of Furadan and smothering - No person other than her husband could have possibly caused Remani's death, especially considering the motive or grudge that he harboured against her.

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