A. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 161, 299 – Indian Evidence Act, 1872 (1 of 1872), Section 33 -- Statement of complainant u/s 161 of Cr.P.C. – Exhibited by Investigation Officer – Accused/ appellant remained absconding for a period of nearly 10 years -- Complainant left his house where he used to reside earlier -- Despite ample efforts being made by the Investigating Agency to summon and examine complainant, he could not be traced out and produced in the witness box for deposition during trial after the accused had been arrested -- Viewed in light of the provisions of Section 299 CrPC read with Section 33 of the Indian Evidence Act, 1872, the trial Court was justified in holding that the statement of complainant recorded in these proceedings was fit to be read as a piece of substantive evidence.

(Para 23, 38, 39)

B. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Indian Evidence Act, 1872 (1 of 1872), Section 106 – Murder of wife -- Circumstantial evidence – Last seen together – Circumstances leading to murder were in the exclusive knowledge of the appellant -- He has offered no explanation as to the manner in which deceased was strangled to death within the confines of the room where only he and the deceased were present -- Bald plea of denial offered by the accused by way of an explanation to this gravely incriminating circumstance is not sufficient to absolve him of the burden cast upon him by virtue of Section 106 of the Indian Evidence Act, 1872.

(Para 46)

C. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Murder -- Incriminating circumstances -- Prosecution has established the following links in the chain of incriminating circumstantial evidence: (i) Motive; (ii) Last seen together; (iii) Medical evidence establishing that the cause of death of the deceased was homicidal. (iv) Confessional note; (v) Abscondence for nearly 10 years; (vi) Wrong explanation given by the accused in his statement under Section 313 CrPC; (vii) Failure of the accused to offer explanation for the homicidal death of his wife in the night time when only the accused and deceased were present in the house leading to the interference of guilt by virtue of Section 106 of the Indian Evidence Act, 1872 -- Conviction of appellant confirmed – Appeal dismissed.

(Para 47-51)