S.S. Bays, J. -
(1.)By his Judgement dated June 28, 1979 the learned Sessions Judge, Sri Ganganagar convicted the accused Mst. Mirchali under sections 302 and 201, IPC, and sentenced her to imprisonment for life with a tine of Rs. 1000.00, in default of the payment of fine to further undergo three months' rigorous imprisonment on the first and two years rigorous imprisonment with a fine of Rs. 500.00, in default of the payment of fine to further undergo one months' like imprisonment of second count; Substantive sentences were directed to run concurrently while those in default I of the payment of fine consecutively.
(2.)Succinctly stated, the prosecution case is that the deceased-victim Sohan Lal was the husband of the appellant. Both were living with their daughter PW 2 Pappi aged about 13-14 years in a Dhani raised in their field situate Chak-4 10 B. G. Rohi Gugiya Police Station Vijaynagar district Ganganagar. The victim got addicted to drinking. He used to beat the accused off and on and threatened her to bring another wife since no male child was born to her. This gave rise to strained relations between the husband and wife. In the night of Aug. 9, 1978, the deceased picked up quarrel with the accused. She struck blows of his head with a Kassi which resulted in his death. The accused thereafter dug a pit near her Dhani and burried the victim's corpse deep in it. On Aug. 10, 1978 the victim's father PW 3 Paras Ram who was living in Chak J.K.M. came lo the Dhani of the appellant and finding his son Sohan Lal missing, asked her about his whereabouts. She told him that her husband had gone towards Bikaner and Suratgarh where Fakir Chand (son-in-law of Parasram) had to attend a date of hearing in some Court. Parashram went to Suratgarh and contacted Fakir Chand and learnt from him that Sohan Lal had not reached. Paras Ram came back to the Dbani of appellant and told her that Sohan Lal had not reached Suratgarh. The appellant again told him that Sohan Lal had left the house telling her that he was going towards Bikaner and Suratgarh. Paras Ram went to his another son came back on Aug. 15, 1978 to the appellant's Dhani He again asked her about the whereabouts of his son Sohan Lal. The accused stuck to her earlier version but Km. Pappi told him that her father (Sohan Lal) had died on account of excessive drinking and her mother (accused) had burried him in the water channel running nearby. Paras Ram asked the accused to state true facts. Thereupon the accused also cold him that Sohan Lal bad died due to excessive drinking and that she had burred him in the water-channel situate nearby. Parasram went to contact the Sarphanch Manphool, (PW 1). He was advised to inform the police. Paras Ram trilok the accused with him and went to police station, Vijaynagar on Aug. 17, 1978 and lodged report Ex. P 21. The police started the proceedings under section 174, Cr. P. C. The Station House Officer Banarsi Das (PW 10) sought permission Rs.P. 24 from the Sub Divisional Magistrate, Raisinghnagar for the victim's body , being disinterred. He then came to the spot and at the accused's instance got the I victim's dead body disinterred from the water channel situate contiguous to her house. On the inspection of the dead body it appeared that injuries were caused to him on his neck and other vital parts. The Station House Officer suspected that the death of the victim was not natural. He, therefore registered a case under lections 302 and 201. I. P. C. against the appellant. The postmortem examination of the victim's dead body was conducted on Aug. 18. 1978 by PW 9 Dr. Suresh Sharma, the then Medical Officer In charge, Government Dispensary, Vijaynagar. He noticed the following ante-mortem injuries:
''There was a wide wound on the left side of the neck and also on the front side of the neck. The outer size of the wound was 6" x 3" x 3". The structures i.e. the veins, arteries etc. passing through that area were also cut The vertebral column showed an incised wound on the cervical 5 and 6, Verte brea the ligaments also showed the inside appearance.
Long linear wound about 3" x 1/4''x 3" incised in appearance on the left side of the cheek near the nasal bone below the left eye. The skin was pealed off. But the nasal bone the left orbit and left maxillary cavity and left zygomatic arch was found cut through by a sharp cutting weapon. The left maxillary bone showed the dark coloured liquefied bloody fluid.
On opening of the dead body, in the cranium any spinal cord region the skin was found pealed off at several places. The hair were found present. The membranes were found petrified. In the brain and spinal cord cranial cavity was found empty containing liquefied scanty brain matter.
In the thorax region, the walls, ribs and cartilages, pleura, larynx and trachea, right and left lung pericardium, heart and large vessels were found petrified. The trachea was quite recognisable due to presence of cartilaginous structures. Both the lungs were liquefied and on touch showed the liquefied semi-solid or/and thready appearance. All the chambers of the heart were empty.
In the abdominal region, all the organs were almost putrefied. Teeth and other structure in the mouth were recognisable. The colour of different organs gave the indication of their presence in the body. Penis was purified and testicles were present."
In the opinion of Dr. Suresh Sharma, the cause of death of the victim wait due to shock which had been caused probably by the cutting of the blood vessels, of the incised wound inflicted by sharp edged weapon on the neck. He was also of the opinion that injury No. 1 on the victim's neck was sufficient in the ordinary course of nature to cause the death. The postmortem examination report issued " by him is Ex. P. 19. The accused was arrested. In consequence of the information furnished by her whilst under police custody, the clothes which she was wearing at the time of committing the offence and the Kassi with which the offence was said to have been committed, were recovered. She was having some injuries on her person. She was, therefore, got medically examined. As may as seven injuries were found on her person as per injury report Ex. P. 20. It is alleged that before the Station House Officer arrived on the spot the appellant made a confession before P.W. 3 Paras Ram and many other persons to have committed the murder of her husband Sohan Lal. On the completion of investigation, the police presented a challan against the accused in the Court of Judicial Magistrate, Raisinghnagar, who in his turn committed the case for trial to the Court of Sessions. The case came for trial before the learned Additional Sessions Judge, Ganganagar framed charges under sections 302 and 201, I. P. C. against the appellant, to which she pleaded not guilty and faced the trial. During trial, the prosecution examined 12 witnesses and filed some documents. In defence, no evidence was led-in by the appellant. According to her, she was falsely implicated because her father-in-law P. W. 3 Paras Ram wanted to usurp her husband's agricultural land, she also gave an explanation as to how injuries were sustained by her while doing the agricultural work. On the conclusion of trial, the learned Additional Sessions Judge found both the charges duly proved against the appellant. She was consequently convicted and sentenced as mentioned above,
(3.)We have heard the learned counsel appearing for the appellant and the learned Public Prosecutor. We have also gone through the case file carefully.