VS.Dave, J. - (1.)This appeal was sent through the Jail Authorities against the judgment of Shri S.C. Mittal, Additional Sessions Judge Kota, dated July 30, 1980; whereby he convicted the accused- appellant for offence under section 302 Indian Penal Code arid sentenced to imprisonment for life.
(2.)The case started on a report Ex. P. 19 lodged by Mohan Lal Tyagi, P.W. 17, literate constable No. 1272 at the Police Station, Ramganj Mandi wherein it was alleged by him that little before his coming to the Police Station i.e. 9.25. am. he was going to deliver a wireless message at the bungalow of Sub-divisional Magistrate. When he reached near the goods shed across the railway line in Nayeebasti he heard some cries. He ran to that side and saw one man armed with an axe running towards Railway crossing through the stones stock. On his enquiring ladies informed that Om Prakash Laskari has hit his wife Mst. Geeta with an axe and has run away. He went to the house and saw the lady lying in pool of blood. Ladies gave out the cause to be an internal dispute. It was further mentioned that the person who ran away with there was Om Prakash Laskari who had taken Dhatura earlier. Since be was without rest he did not chase the accused. On receipt of this report a case under section 307 Indian Penal Code was registered and investigation commenced. Mst. Geeta, wife of Om Prakash who was injured was taken to the hospital where Dr. M. M. Mishra medically, examined her and found the following injuries on her person: 1. Lacerated wound 2 x 1/2 x 1/3 (Bone deep) on left frontal area of scalp, longitudinal. Bleeding much. 2. Lacerated - wound 2 x 1/2 x 1/2 on lower lip, right side.
(3.)Lacerated wound I x 1/2 x 1/2 on lower part of pinna of right ear.