JUDGMENT Adarsh Kumar Goel, J.:-The State is aggrieved by acquittal of the respondent of the charge of having killed his wife Smt. Premo Devi in the night intervening 15/16.6.1996. 2. Case of the prosecution is that deceased was married to the respondent fifteen years prior to the occurrence. She had three children – two sons and one daughter. The respondent Banta Singh used to give her beatings under the influence of liquor. On 3.12.1994, he gave her beatings, for which she was medically examined at PHC Taraori. Later the matter was compromised. On 12.6.1996, the respondent tried to throw her in a canal under the influence of liquor. On 16.6.1996 at 7-30 A.M., Mohinder Singh PW-2 brother of the deceased received information that his sister had died. He visited the house of the accused and found Premo Devi dead. He informed the police that the respondent had administered poison to her, which led to her death. This statement was recorded by ASI Ram Kumar, which led to registration of the FIR. PW-7 Shamsher Singh, SI went to the place of occurrence, prepared inquest report and took other steps for investigation. He sent the dead body for post-mortem examination. PW-5 Dr. J.K. Gulati conducted post-mortem examination and sent the contents of the stomach to Chemical Analyst for examination. The Chemical Analyst gave a report that the said contents had alluminium phosphide, known as sulphos. On that basis, the doctor gave the opinion that death was by poison. After completing the investigation, the accused was sent up for trial. 3. The prosecution examined seven witnesses: PW-1 Dr. Rajinder Kumar examined Smt. Premo Devi on an earlier occasion, PW-2 Mohinder Singh, brother of the deceased, who supported the version given by him in the FIR, PW-3 Rajesh, brother of the deceased, who supported the version given by PW-2 Mohinder Singh, PW-4 Pooja, daughter of the deceased, who was declared hostile. She stated that there was a quarrel between her mother and the respondent accused. At 3-00 A.M., she was awakened by her mother and told that she had consumed some medicine. She then informed her father. She was taken to the doctor but was declared dead. A message was sent to her maternal uncle. PW-5 Dr. J.K. Gulati conducted post-mortem examination.
At 3-00 A.M., she was awakened by her mother and told that she had consumed some medicine. She then informed her father. She was taken to the doctor but was declared dead. A message was sent to her maternal uncle. PW-5 Dr. J.K. Gulati conducted post-mortem examination. PW-6 Ram Singh deposed that the accused made extra-judicial confession before him that he gave some medicines to the deceased meant for spray in the paddy. PW-7 Shamsher Singh, SI is the Investigating Officer. 4. The accused denied the prosecution allegations and stated that he was sleeping when his daughter woke him up and told that the deceased had consumed some medicines. He took her to the doctor, but she died on the way. 5. After considering the evidence on record, the trial Court held that case of the prosecution was not proved beyond reasonable doubt and acquitted the respondent. 6. We have heard learned counsel for the appellant and perused the record. 7. The judgment of the trial Court shows that beyond extra-judicial confession furnished by PW-6 Ram Singh, there was no worthwhile evidence against the respondent. It is not a case of direct evidence. Extra-judicial confession has been held to be unreliable particularly in the light of statement of Pooja PW-4 daughter of the deceased that the deceased had told her that she had taken poison herself. Having regard to lack of direct evidence and unreliability of only piece of circumstantial evidence i.e. extrajudicial confession, we are of the view that the judgment of acquittal cannot be held to be perverse. No interference is, thus, called for. The appeal is dismissed. ------------------