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2. Before the trial court, the prosecution had succeeded in proving that Dr. Mahender Singh Dahiya (hereinafter referred to as `the respondent') had committed the murder of his wife Namita, a British national of Indian origin, on the intervening night of 27th/28th May, 1979. The murder was allegedly committed on the very first night of the honeymoon in room No. 415, Hotel Arenberg, Brussels, Belgium. It is further the case of the prosecution that after committing the murder, the respondent had dismembered and extensively mutilated the body of the victim. He subsequently disposed of the body parts at different places in the city of Brussels. This was done with the intention of destroying the evidence of the murder.

9. On 26th May. 1979, the marriage between Mahender and Namita was registered at the Office of the Registrar of Marriages, London. It was followed by a reception the same evening at the Phoenix Restaurant, London. A honeymoon trip for the newly wedded couple was arranged for five days commencing from 27th May, 1979 to certain European countries through Cosmos Tours, London. In the morning of 27th May, 1979, Mahender and Namita left for the honeymoon trip. They were seen off by her family at Victoria Railway Station, London. They carried two suit cases, one of red colour belonging to Namita and the other of brown colour belonging to Mahender containing their clothes and other articles. The group of tourists including Namita and the respondent reached Brussels at about 6.30 p.m. the same evening. All the tourists in the group stayed at the fourth floor of Hotel Arenberg, Brussels. Mahender and Namita checked into room no. 415. After some time they went for a short sight seeing tour `Brussels by Night'. They returned to the hotel at about 11.00 p.m. and retired to their room.

25. The trial court upon examination of the entire evidence had in fact concluded that something had gone amiss in the hotel room occupied by Mahender and Namita on the night of 27th/28th May, 1979. If that be so, the High Court rightly concludes, that this fact alone would contradict the theory of respondent having any pre-meditated strategy or design for committing the murder of his wife. The High Court correctly concluded that "it is highly improbable to comprehend that respondent had a predetermined mind or motive to cause the death of Namita on the honeymoon night itself at the first available opportunity of being in the company of the deceased in a closed room as suggested by the prosecution. Had the attitude of the parties been as suggested by the prosecution, they would not have agreed to a marriage followed by a honeymoon trip outside London." The High Court also noticed that there was nothing to suggest that Namita or her family members had apprehended any harm or threat to life of Namita at any stage till the couple left for the honeymoon on morning of 27th May, 1979. The High Court found it impossible to accept the prosecution theory that the respondent had married the deceased only with a view to do way with her to take revenge for her appalling behaviour at Shiela's birthday party. Had the respondent been so resentful, there was no question of the marriage being solemanised.

37. We may also notice that prosecution had allegedly recovered the clothes Namita had taken on the trip. Namita's wedding dress was stated to have been recovered as part of the clothings. The High Court, in our opinion, correctly observed that ordinarily a woman would not carry her wedding dress on her honeymoon trip. The High Court also notices that though the prosecution had taken custody of all the clothes which Namita had taken with her on the honeymoon trip, they were not produced at the trial for identification by the witnesses. Only photographs of the clothings, which had been allegedly taken on 12th June, 1979 i.e. after 16 days, were produced.