Medical evidence is only an opinion, therefore, not conclusive

Medical evidence is only an opinion, therefore, not conclusive. It can be acted upon only when necessary corroboration is available.

1. The appellant has challenged the conviction under Section 302 of the Indian Penal Code (‘the IPC’ in short) and sentence of life imprisonment and fine of Rs.1,000/- for committing murder of his wife Sadan Bai (since deceased) during intervening night of 7th/8th July, 2003.

2. The appellant was married with the deceased about 15 years back from the date of incident. They had 5 children out of the wedlock. There is no allegation of strained relationship nor there is any history of quarrel or marpeet between them.

3. As per the prosecution case, the appellant along with the deceased and 5 children had their dinner and retired for bed at about 8.00 pm. One of their son informed the appellant at about 3.00 am that his mother has consumed poison and was agonised. The appellant went to the other room where the deceased was sleeping to find that she has consumed poison but was semiconscious. The appellant informed Ganesh Singh (PW-1), brother of the deceased, who came over the appellant’s house and enquired from the deceased, on which she stated that she has consumed poison. When the deceased was taken to the hospital, she collapsed on the way, therefore, her body was brought back.

4. When the merg intimation was lodged and the dead body was sent for postmortem, Dr. Heeralal Singh (PW-10) conducted autopsy and submitted his report vide Ex. P-6 finding that the death has occurred due to throttling; nature of death is homicidal; mode of death being cardio respiratory failure; and time passed since death 24-30 hours. In view of the postmortem report, charge sheet was filed against the appellant for committing the offence under Section 302 of the IPC.

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