Decided on August 02,1984

RAMDHAN Appellant


N.M.KASLIWAL, J. - (1.)THIS appeal by the accused Ramdhan is directed against the judgment of the learned Sessions Judge Jaipur District, Jaipur, dated Febrary 17, 1982, convicted the accused under Section 302 IPC and to a sentence of imprisonment for life.
(2.)THE prosecution case is based on circumstantial evidence. The prosecution case in brief is that in the night intervening 19th -20th April, 1981, Suja Ram PW 3 'TAU' (father's elder brother) of accused Ram Dhan heard the cries of Mst. Kailashi (deceased) wife of the accused. On hearing the cries Suja went to the threshing floor of accused Ramdhan where the cot of the accused was lying. When Suja raised an alarm, Ramdhan ran away and his wife Kailashi was lying on the cot in a pool of blood and had died by that time. An FIR of the incident was lodged by Suja vide Ex. P 3 at 3 P.M. at Police Station Jamuva Ramgarh mentioning the above fact and it was also mentioned in the report that the accused Ramdhan had run away after killing his wife Mst. Kailashi. It was further mentioned that on raising alarm by Suja, Laxmi Narain Meena, Prabhat Meena and Sri Narain Meena and many others had come on the spot to whom he had narrated the above incident. The police registered a case under Section 302 IPC and arrested the accused at 4 a.m. on April 21, 1981, at Nakti Ghati near Ramgarh Dam. Accused was wearing 'Dhoti' and Sandal which had marks of blood, were also seized. Nails of the accused were also taken as they were found smeared with blood. 'Blouse, 'Lehanga', and 'Gudra' on which Mst. Kailashi was sleeping were also seized. Blood stained earth and all the above mentioned articles were sent to Forensic Science Laboratory. A knife was also recovered on the information given by the accused on April 25, 1981. According to the report of the Chemical Examiner the articles were found stained with blood. So far as 'Sandal' is concerned, it was not sent to the Serologist as sufficient blood was not found over it. The other articles were sent to the Serologist. According to the report of the Serologist, human blood was found on 'Gudra', 'Blouse' Lehanga', blood stained earth, 'Dhoti', Nails and knife. According to the report, except the nails, blood 'B' group was found on all the articles.
The police got the post -mortem examination of Mst. Kailashi conducted by PW 2 Dr. Ram Lal Solanki on April 20, 1981. In the autopsy conducted by Dr. Solanki following injuries were found on the body of the deceased Kailashi:

1. Incised wound 2 1 muscle(cm) on front of chest, on left side of body of sternum, just below the mid end of left clavicle bone. Ante -mortem in nature. 2. Incised wound 4 2 muscle deep(in cm.) on front of abdomen 5' above umblicus. The wound is in median platio, Ante -mortem in nature. 3. Incised wound 4 1/2 1 cm. on back, of chest. Slightly towards left side 1 x 1/2' out side of the vertebrae. Ante -mortem.

(3.)STAB (Punctured) wound measuring 6 x 2 Bone Deep (cm) Trimble shape on left side of neck, 1 1/2' below left ear and outside of angle of mandible. Ante -mortem in nature.

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