Observing that the prosecution has proved its case beyond reasonable doubt, the Bombay High Court has upheld life imprisonment imposed on a 30-year-old man for killing his wife by strangulating her with an electric wire.
Harish Pulekar, a resident of Bhiwandi, was found guilty by a Thane sessions court in December 2007 of killing his wife. Aggrieved, he filed an appeal in the High Court which confirmed the life sentence in its order on May 6.
Harish was married to Yogini. However, due to their differences, they could not stay together and filed for a divorce. During pendency of divorce petition, on July 24, 2006, the appellant took Yogini to a lodge and hired a room where he strangulated her, prosecution alleged.
"After carefully examining the evidence in this case, we are of the view that the circumstances set out earlier, and from which an inference of guilt of the appellant is sought to be drawn, are cogently and firmly established by prosecution," said a bench of Justices V K Tahilramani and B P Colabawalla.
"These circumstances unerringly point towards guilt of the accused and when taken cumulatively, form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the appellant," said the Judges.
The HC accepted the opinion of a doctor who conducted the post-mortem of the deceased, saying that she had been killed due to strangulation. When he was shown the electric wire which was found from the room, the doctor said death is possible due to strangulation with an electric wire.
The HC also took into consideration another portion of electric wire of the same colour found from the residence of the accused. The prosecution had alleged that the accused had cut the wire and carried with him to the lodge where he strangulated his wife.
The prosecution further alleged that the accused had murdered his wife as he suspected that she was involved in an extra-marital relation. Also, the accused had marital dispute with his wife and the divorce proceedings were pending in a court.
"We find no merit in the appeal and hereby dismiss it," said the bench.