M.CHAUDHARY, J. - (1.) THIS is a jail appeal by accused appellant Rakesh Kumar from judgment and order dated 15th of May, 2000 passed by Ist Additional Sessions Judge, Kanpur Dehat in Sessions Trial No. 121 of 1998, State v. Rakesh Kumar Dwivedi, convicting the accused appellant under Section 302 IPC and sentencing him to imprisonment for life and a fine of Rs. 5000 thereunder.
(2.) BRIEF facts giving rise to this appeal are that at about 11.20 a.m. on 13th of September, 1997 Ram Sewak lodged an FIR (Ext. Ka - 1) at police station Deorahat District Kanpur Dehat alleging that Rakesh Kumar Dwivedi used to suspect the fidelity of his wife Malti Devi and beat her now and then; that for the last 2 -4 days dispute was going on between them; that at about 8.00 a.m. that very morning Rakesh Kumar Dwivedi assaulted his wife causing fatal injuries to her and fled away and that the said incident was witnessed by several co -villagers including Laltu, the village Chaukidar. The police registered a crime under Section 307 IPC against the accused and made entry regarding registration of the crime in the general diary (Exts. Ka -2 and Ka -3). Station Officer Satish Chand Dubey who took up investigation of the case in his hand visited the scene of occurrence and by that time Smt. Malti Devi succumbed to the fatal injuries sustained by her, and then the crime was altered under Section 302 IPC (Ext. Ka -4). He drew inquest proceedings on the dead body of Smt. Malti Devi and prepared the inquest report (Ext. Ka -7) and other necessary papers (Exts. Ka -8 to Ka -12) and entrusted the dead body in a sealed cover alongwith the necessary papers to constables Ashok Kumar and Jawahar Lal to be taken for its post - mortem. Then he inspected the place of occurrence and prepared its site plan map (Ext. Ka -6). He collected bloodstained and simple earth from the site and also picked up bloodstained axe lying there and prepared their memos (Exts. Ka -13 and Ka -14). He also recorded statements of the witnesses and did other necessary things.
(3.) AUTOPSY conducted on the dead body of Malti Devi by Dr. N.K. Jaiswal Radiologist UHM Hospital Kanpur on 14th of September, 1997 at about 11.10 a.m. revealed an ante -mortem incised wound 9 cm x 3 cm x bone cut (second cervical vertebrae) on upper part right side of neck 1 cm below the right ear (right ear lobule also cut). All structure muscles, artery and veins, nerve and bones were cut on right side of neck.;