JUDGEMENT
S. B. Sinha, J. -
(1.) Appellant and the deceased Meena Rani were married on 3.03.2002. She went to her parents place on 3.07.2002. The appellant came to her parents house which was situated at village Ghal Kalan to take her back on 7.07.2002. They started in the appellants Maruti Car at about 7.30 p.m. She was allegedly wearing all her gold ornaments at that time. After about a couple of hours, a telephonic call was received at a Medical Store of a local Press Reporter Rakesh Kumar informing him that car of the appellant and his wife had met with an accident on the bridge of Bukan Wala and they were lying in an injured condition. The caller had allegedly informed that he would be leaving for the said place of accident and the mother of the appellant Amarjit Kaur should reach the same place. Upon receipt of the said information, Amarjit Kaur, her neighbour Kusum Lata wife of Rajinder Kumar and her son Deepak Kumar reached the place of occurrence and found the Maruti Car to be standing at an open place on the right near canal minor. The mobile phone of the appellant and one of the shoes of the deceased were lying on the rear side of the car along with some luggage. Broken bangles were found scattered and the other shoe of the deceased was also found lying nearby. They went to the appellants house and came to learn that both of them have been hospitalized. On reaching Civil Hospital, Moga, they found Meena Rani to be dead having suffered multiple stab injuries. She was wearing a gold ear-ring, two gold rings, one silver ring, silver pajebs and bishue. A First Information Report was lodged by the said Amarjit Kaur alleging that the appellant murdered her by inflicting knife injuries. She suspected that the appellant had illicit relations with some other girl and had murdered her daughter in order to remove her from his way.
(2.) Twenty-three injuries were found on the person of the deceased. A few of them were stab wounds. The injuries on the person of the appellant were as under:
"1. Superficial incised wound with tail on the left side present horizontally 1.5 x 1-1/4 cm on back side of chest 23 cm. below top of shoulder. 11 cm from midline.
2. Linear abrasion 2 cm on lateral aspect of left upper arm mid part.
3. Lacerated and punctured wound 1-1/3 x 1-1/3 cm on the lateral aspect of left upper arm 12 cm above elbow.
4. Superficial incised wound 3.75 x 1 cm on the front of right forearm. Horizontally placed 9 cm above wrist.
5. Superficial incised wound 6 x 1-1/2 cm horizontally placed on front of right forearm, 8.5 cm above injury No. 4.
6. Superficial incised wound 2 x 1/2 cm on the front of right forearm horizontally placed 3 cm above injury No. 5.
7. Lacerated wound 5 x ΒΌ cm with abrasion 1/2 x 1-1/2 cm on left side of skull, 7 cm from pinna, 13 cm from posterior hair line.
8. Swelling 2.5 x 2.5 cm on the right side of skull. 10 cm from right pinna, 15 cm from posterior hair line.
9. Swelling 1-1/2 x 1-1/2 cm on right side of skull. 11 cm from pinna. 9 cm from posterior hair line.
10. Linear abrasion 6 cm on the right scapular region.
11. Linear abrasion 3 cm on lateral aspect of left knee."
The doctor opined:
"Patient was conscious. General condition was fair. He was well oriented in time and space. Injuries Nos. 7,8,9 were advised X-ray. Rest were declared simple. Injuries Nos. 1,4,5,6 were inflicted by sharp weapon. Injury Nos. 2,10,11,3 with pointed and blunt. Rest were blunt. Duration of injuries was fresh. There was no corresponding cut on pant and banyan injuries. Injuries Nos. 4,5,6 were horizontally placed and were parallel to each other. On receiving the X-ray report No. HK 171/3050, dated 8.7.2002, the injuries Nos. 7,8 and 9 were declared simple."
(3.) According to him, the possibility of injuries Nos. 1,4,5 and 6 having been caused by friendly hand cannot be ruled out.;
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