M.C.Jain - (1.) -The accused-appellant has been convicted under Section 304, I.P.C. Part I and sentenced to undergo rigorous imprisonment of seven years by judgment and order dated 20.12.1980 passed by Sri J. C. Gupta, the then VII Additional Sessions Judge, Kanpur. At the hearing of the appeal, none appeared from the side of the appellant though he is represented on record by Sri K. K. Bajpai, advocate. Consequent upon the filing of the appeal, the appellant was ordered to be released on bail under order dated 17.9.1981.
(2.) I have heard learned A.G.A. on behalf of the respondent-State and have examined the record with his assistance. The appeal is being decided on merits. The broad essentials of the case may be taken note of. The incident took place on 31.3.1980 at about 8.30 p.m. at the house of the appellant in village Sarai Maswanpur, P. S. Kalyanpur, Metropolitan Area, Kanpur, where he used to live with his wife Nitu with whom he had married about 5 or 6 months earlier in the incident. He allegedly murdered her by inflicting knife blows on her. The eye-witnesses are Chhotey Lal P.W. 2, Ram Swaroop P.W. 3 and Sukhdeo Prasad P.W. 4 who, with others, witnessed the incident. It was Chhotey Lal P.W. 2 who lodged the report of the incident the same night at 9.30 p.m. The distance of the police station from the place of occurrence was 3 kilometres. The appellant had performed court marriage with the deceased 5-6 months before the incident and had brought her from Delhi to live with him. They were living as husband and wife under a common roof of the outer room of their house. The deceased was educated to some extent and was working as teacher in village school. The appellant, however, suspected the character and fidelity of his wife and there used to be frequent quarrels between the two on this account. In the fateful night, the witnesses named above were sitting in front of their houses situated in front of the house of the appellant across the lane. An electric tube was glowing at the pole near the chabutara of the house of Chhotey Lal P.W. 2 and it was also illuminating the inside of the room of the appellant, as the window was open. The witnesses heard the shrieks of Nitu that she be saved and she was being killed by her husband (appellant). They instantaneously rushed to the door of the room of the appellant and saw that he had caught hold of the right hand of his wife. In their presence, he inflicted one blow of knife at her neck. He had already inflicted one blow of knife on her. On receiving knife blow on her neck, the victim came out of the room and fell down on the chabutara in front of the door. These witnesses tried to apprehend the appellant, but he flaunted the knife and succeeded to make his escape good. The witnesses chased him with shouts. S.I. D. R. Pal P.W. 8 was coming from the other direction and on hearing the shouts of the witnesses, he could catch hold of the appellant who was holding the bloods-tained knife in his hand. His clothes were also blood-stained. The knife was taken in possession by the said Sub-Inspector. The blood-stained clothes of the appellant were also got changed by him and he took into possession the blood-stained clothes. The knife as well as clothes were sealed separately. On reaching the victim, she was found dead with two wounds on her body. In the meantime, Chhotey Lal P.W. 2 wrote down the report and along with Sub-Inspector named above as well as the appellant (who had been apprehended by the said S.I.) went to the police station. The report was lodged there. The investigation followed which was conducted by S.I. D. R. Pal P.W. 8 who was incharge of Police Outpost of Police Station, Kalyanpur. After necessary formalities and preparation of panchayatnama, etc., the dead body of the deceased was sent for post-mortem. Dr. Gulab Chand P.W. 1 had conducted the autopsy on her dead body on 1.4.1980 at 1.30 p.m. The deceased was aged about 20 years. The following ante-mortem injuries were found on her person : (1) Incised wound 3 cm. 1 cm. mouth deep tailing towards mouth 1-1/2 cm. below the left ear. (2) Incised wound 2 cm. 1 cm. on left side of neck 2 cm. below the ear. Wound was muscle deep and was tailing obliquely downwards.
(3.) ON internal examination, four month's male foetus was found in the uterus of the deceased. As per the opinion of doctor, the death had occurred due to shock and haemorrhage as a result of ante-mortem injuries. The knife and blood-stained clothes of the appellant were also subjected to scientific examination. The knife, tahmad and baniyan of the appellant were found to be blood-stained.;