- (1.) THIS is an appeal by Chhotey Lal who has been convicted under Section 302 I P C and sentenced to imprisonment for life
(2.) BRIEFLY stated the prosecution case was this. Chotey Lal appellant, who is an employee of the Central Railway, lived with his wife Smt. Sheo Kanya in a house in Mohalla Tha-kuryana Jhansi On 16-9 1963 when Chotey Lal returned to his house after finishing his duty at 12 O'clock in the night, his wife opened the door for him He entered the house and bolted the door behind him. As he proceeded inside somebody who had hidden him self in the outer court-yard, suddenly came out. unbolted the main door and ran away The appellant suspected his wife's chastity and consequently stabbed her with the knife (Ex 4) He was seen killing her by Chunbad (P W 1 ). After murdering his wife the appellant went to the Police Outpost Garhia Phatak six furlongs away from his house, and lodged the first information report (Ex Ka-7) at 4. 45 a. m. On the way he broke the blood stained knife into two and threw it into a bush. The blood stained trousers of the appellant were taken into possession by the police at the Outpost. On the arrival of Sri R. C. Saxena In-charge Police Outpost Garhia Phatak the appellant was interrogated and he stated that he came to the Marshal Yard with the knife and broke it and threw it there. He took the Sub-Inspector to the bush and recovered the knife from there in the presence of three witnesses, including Baldeo (P W 5) and Mohd. Shaft (P W 6)
(3.) DR. N. R. Bhatia (P W 3), who per-formed the post mortem examination on the dead body of Smt. Sheo Kanya, found the following ante-mortem injuries on her person: (1) Incised wound 3" x 1/4" muscle deep on back of right ear (2) Incised wound 1" x 1/4" x muscle deep. 1/2" behind the injury No. 1. (3) Incised wound 1" x 1/2" skin deep 1" below the right ear. (4) Incised wound 1" x 1/4" skin deep or right side of neck. (5) Incised wound 1 1/4" x 1/2" cutting the larynx on the front of neck. (6) Incised wound 1 1/2" x 1/2" cutting the larynx on the front of neck 1/4" below injury No. 5. (7) Incised wound 1" x 1/2" muscle deep on left side of neck. (8) Incised wound 1 1/2" x 1/2" muscle deep 2" below the left ear (9) Incised wound 1" x 1/2" muscle deep on back of the neck (10) Incised wound 1" x 1/4" muscle deep on back of the neck 2" below the injury No ft (11) Incised wound 2" x 1/2" muscle deep on back of the chest upper part right side (12) Incised wound 3" x 1" bone deep on the upper part over the right scapula (13) Incised wound 3" x 1/2" bone deep 1" below injury No. 12 (14) incised wound 2" x 1" bone deep on the back right side 1" from medial line at the level of the 4th dorsal vertebra (15) Incised wound 2" x 1/2" bone deep on the right back 1" below injury No 14. (16) Incised wound 2" x 1/2" bone deep on lower part of left scapula. (17) Incised wound 2" x 1/2" skin deep on the outer side of right chest. (18) Incised wound 2" x 1/2" skin deep on the outer side of right chest. 1" below injury No. 17 (19) Incised wound 3" x 1" bone deep on the front of left arm in the middle. (20) Incised wound 2" x 1/2" bone deep on the front of left arm 1/2" below injury No. 19 In his opinion the cause of death was shock and haemorrhage as a result of multiple in juries;