- (1.) HEARD learned counsel for the parties.
(2.) IN this case the petitioner has been accused of murdering his wife. The injuries shown by the Doctor are as follows :- "1. A diffused contusion over the left temporal area of the head size about 5 x 4 cms. A diffused elevated injury. Cut section shows all the types of inflammatory changes or vital reactions. Cause may be blunt. It is only ante-mortem. 2. A diffused contusion over the posterior occipital area of the head. The size about 6 x 6 cms crushing of the scalp with oozing of blood. INjury may be due to blunt. Cut section shows diffused haematoma underneath the scalp at posterior occipital of scalp with crush in nature. Bleed with clot showing all types inflammatory signs. It is only ante-mortem. 3.A diffused contusion over the posterior frontal and mid sagital plain of the parietal area of the head. Size about 4 x 3 cms surface elevated and diffused. The cause may be blunt. Cut section shows underneath the scalp a diffused haematoma at mid sagital plain of the mid parietal area of the skull. This is only ante-mortem." PW-8, the doctor, who conducted post-mortem, in unequivocal terms said that the ante-mortem injuries that were noted on the body of the deceased constitute the cause of the death. Therefore, it emerges that the deceased died on account of injuries mentioned in Ex.P.5 and pouring of kerosene or settling her on fire, was only a subsequent event. Once the record disclose that PW-4 found the deceased in groaning condition, obviously on account of serious injuries received by her and the appellant alone was present by her side, the inescapable conclusion is that the death was caused by the appellant and by none else. The above injuries show that the head of the deceased was battered repeatedly by a blunt weapon (probably a lathi) and then kerosene was poured on her and she| was put on fire. Pw-1 who conducted investigation in this case has stated as below :- "Pw1- who conducted investigation in this case has stated about the recovery of MO-2 under a cover of mediator report Ex.P-8. He also stated that he seized MP-1 plastic tin of 5 litres capacity, MO-2 iron pipe, MO-3 glass pieces and MOs. 4 to 13 burnt cloth pieces at the scene. The aforesaid material objects clinches the issue in proof of the offence and recovery."
(3.) THE above facts prima facie reveal that the deceased was killed in a barbaric and brutal manner. THE appellant said to have been alone with her at that time. It was contended by learned counsel for the appellant that there is only circum-stantial evidence against the appellant-accused.;