K. N. Ojha, J. - (1.) -Instant criminal appeal has been filed against judgment and order dated 25.7.1980, passed by learned IVth Additional Sessions Judge, Agra in Sessions Trial No. 656 of 1978, State v. Chandrabhan, under Section 302, I.P.C. by which the appellant has been awarded sentence of life imprisonment for committing murder of his wife Smt. Gullo.
(2.) WE have heard Sri V. P. Tripathi, learned amicus curiae for the appellant and Sri A. K. Awasthi, learned A.G.A. from the side of the State. WE have also carefully perused the record. According to the prosecution, Chandrabhan-appellant used to live in his house in village Nandpura along with his wife Smt. Gullo and two children. Chandrabhan assaulted Smt. Gullo inside the room of his house by phookni on 11.5.1978 at about 3 p.m. and stabbed her in her stomach by ranpi, as a result of which she fell down bleeding profusely. The blood also splashed in the room and its walls. After so causing injuries to his wife, Chandrabhan dragged her in injured condition to a pit near his house and left her there at a distance of about 15 steps from his door. Children of the locality were playing there. They raised alarm that Chandrabhan had caused injuries to his wife Smt. Gullo. Hearing the alarm, P.W. 4 Pancham Singh, P.W. 6 Sobran Singh and one Parshadi went there and found Smt. Gullo lying in the pit in injured condition. There was blood in the pit. The earthen pieces stained with blood were also found there. Smt. Gullo was serious and was semi-conscious. There was a petticoat on her person. Chandrabhan was trying to pull her by her petticoat. The witnesses caught hold of him and tied him with rope to a 'neem' tree nearby the pit. Pancham Singh, Sobran Singh and Parshadi went to outpost of the police station to inform the police, but F.I.R. was not lodged. In the meantime, Rambabu, younger brother of Chandrabhan, took Smt. Gullo to S. N. Hospital, Agra, for treatment. Smt. Gullo was admitted in S. N. Hospital, Agra, at 5.50 p.m. on 11.5.1978. Her injuries were examined by P.W. 9 Dr. Ramesh Kumar Jasuja, who found the following 11 injuries on her body : (1) Stab wound 2-1/2" 1" skin deep in front of left elbow. (2) Stab wound 2-1/2" 1" on the stomach left side. Small intestine were coming out. (3) Stab cut wound 2" 1" on the stomach front and left side 2" from injury No. 2 towards umbilicus. (4) Stab cut wound 2-1/2" 1" cavity deep on the stomach left side small intestine were coming out from the injury. (5) Stab cut wound 2" 1" muscle deep on left hand front and back, 4-1/2" above the elbow. (6) Cut wound 1/2" 1/4" skin deep on left elbow inner side. (7) Cut wound 1" 1/2" skin deep on left arm inner side, 4" below the elbow. (8) Stab wound 2" 1" muscle deep on left thigh back side, 5" above the knee. (9) Cut wound 2" 1/4" skin deep on left arm back side, 3" below the elbow. (10) Cut wound 1" 1/4" skin deep, 1" above the left elbow back side. (11) Stab wound 2" 1" bone deep on the back. In the opinion of the Doctor the injuries were caused by sharp edged pointed weapon such as knife and were fresh. X-ray was advised for some of the injuries. In the opinion of the Doctor the injuries could be caused on the same day at 3.00 p.m. The condition of the patient was very serious.
(3.) INFORMATION was sent to the City Magistrate, IInd Agra, Sri. R. S. Dohrey, who reached the hospital in the night of 11/12.5.1978 at 2.15 a.m. P.W. 18 Doctor Rajiv Kumar, House Surgeon was on duty at that time. Dr. Rajiv Kumar examined Smt. Gullo and found that she was in fit condition to make dying declaration. After fitness certificate given by the Doctor, the Additional City Magistrate Sri. R. S. Dohrey recorded the dying-declaration of Smt. Gullo in which she stated that on 11.5.1978 at about 4 p.m. she was sleeping where her husband Chandrabhan came and assaulted her with phookni. She raised alarm, but there was none in the house. Then Chandrabhan took ranpi and stabbed in her stomach and thereafter he dragged her outside the house and went away and then she became unconscious. She also stated that her husband acted like a mad person and no quarrel had taken place with him. Her two children were sleeping in the house. She was married 13 years before and no quarrel had taken place earlier. This madness like condition of her husband was for the last few months. Later on, Gullo breathed her last on 12.5.1978 at 8.20 a.m. chick report No. 20 was written at police station Kotwali, district Agra, on 12.5.1978 at 9.45 a.m. on the information of Smt. Chandrakala, nurse of S. N. Hospital, Agra. Post-mortem examination was done by P.W. 5 Dr. R. K. Sharma, on 13.5.1978 at 11.15 a.m. In the opinion of the Doctor the deceased was aged about 25 years and following ante-mortem injuries were found on her body : (1) Stitched wound 5-1/2" on left side stomach 1/2" upto umbilicus. (2) Stitched wound 2-1/2" on right side abdomen, 3/4" above the umbilicus. (3) Wound hole 1" 1" on left side abdomen lower part, 3" from umbilicus. (4) Wound hole 2-1/2" 1-1/2" on left side abdomen, 3-1/2" away from umbilicus. (5) Stitched wound with a tube drain inside the abdomen left side. (6) Stitched wound with bandage on right side abdomen, 4" away from umbilicus. (7) Stitched wound 1" inner side lower part on right arm, 4-1/2" above the wrist. (8) Stitched wound 1" inner side of right elbow. (9) Stitched wound 2" below the right arm. (10) Stitched wound on front and left side elbow 3" long. (11) Stitched wound on arm. (12) Stitched wound 1-3/4" on the back of left upper arm. (13) Transversed wound 2" 1/2" on the back 1-1/2" above the hip. (14) Cut wound 1-1/2" 3/4" muscle deep on the back lower part left side.;