Vijay Kumar Verma, J. - (1.) -This appeal under Section 374 (2) of the Code of Criminal Procedure (in short 'the Cr. P.C.'), has been preferred against the judgment and order dated 26.9.1986, passed by the Sessions Judge, Jhansi, in S.T. No. 168 of 1985, whereby the appellant-accused Pancham alias Pachuwa has been convicted and sentenced to imprisonment for life under Section 302 of Indian Penal Code (in short 'the I.P.C.') for committng the murder of his wife Smt. Vimla.
(2.) THE incident resulting in the instantaneous death of the deceased Smt. Vimla, occurred on 17.9.1985 at about 2.30 p.m. in village Behta, situated within the limits of Police Station Sipri Bazar, District Jhansi in the house of her father Sri Binda (P.W. 4). THE case of the prosecution, as appearing from the first information report Ext. Ka-2, lodged by P.W. 4 Binda, in brief, is that Binda had three daughters, out of whom deceased Smt. Vimla was the eldest. She was followed by Kamla and Km. Ram Kumari (P.W. 5). Smt. Vimla was married with the accused Pancham alias Pachuwa about 3-4 years prior to her murder. After some time of marriage, the accused Pancham levelled a charge of infidelity against his wife Smt. Vimla and on that account he used to beat her, due to which she often used to come to her Maika, but her father Binda used to make her agreeable to return to her Sasural. About 1-1/2 month prior to the commission of murder of Smt. Vimla, she started residing with her father in his house, situated in village Behta. THE accused Pancham also joined her after some days. It is alleged that on 17.9.1985 in the afternoon at about 2.30 p.m., when the complainant was sitting with his youngest daughter Km. Ram Kumari outside his house, he heard the cries of Smt. Vimla coming from inside the house. Binda rushed towards the door of the house and saw that her daughter Vimla was lying on the ground and Pancham was pressing her neck with left hand and was trying to strangulate her. When Binda shouted for help, the accused Pancham struck off two blows from axe on the neck of Smt. Vimla. THEreafter, the accused came outside the house, pushed Binda aside and fled away towards east. On hearing the alarm raised by Binda, the neighbours Shyam Lal and Beni Prashad came on the place of occurrence and they also saw the incident. THEy tried to chase and capture Pancham, but they could not do so due to fear of the weapon i.e., axe held by the accused. Smt. Vimla died instantaneously inside the house. The complainant got the written report Ext. Ka-1 scribed from Surendra Singh (P.W. 1) and went to P. S. Sipri Bazar, Jhansi. He handed over the written report there. On the basis of this report, the then Head Moharrir Shyam Narain Dubey (P.W. 2) prepared chik F.I.R. Ext. Ka-2 on 17.9.1985 at 5.40 p.m. and registered a case under Section 302, I.P.C. at Crime No. 252/85 against the accused Pancham alias Pachuwa and made entry in G.D. No. 28 vide G.D. extract Ext. Ka-3. The investigation of the case was taken up by Station Officer Sri D. C. Srivastava (P. W. 6) himself, in whose presence the case was registered. He commenced the investigation at Police Station itself, where he recorded the statement of head moharrir Surendra Singh and informant Binda, then he left for the place of occurrence accompanied with other police personnel. After reaching the place of occurrence in village Behta, the Investigating Officer conducted inquest proceeding on the dead body of Smt. Vimla and prepared inquest report Ext. Ka-5 alongwith connected papers Ext. Ka-6 to Ext. Ka-9 and thereafter the dead-body in sealed condition was sent for post mortem examination through the constable Chandra Pal and Mahesh Chandra.
(3.) THE post mortem examination on the dead body was conducted by Dr. M. C. Agarwal (P.W. 7) on 18.9.1985 at 4.00 p.m. According to the post-mortem report Ext. Ka-15, the following ante-mortem injuries were found on the person of deceased : 1. Incised wound 6.5 cm 1.5 cm trachea deep in front of neck 3 cm below from chin transverse muscle, vomb, other soft tissue are ruptured with trachea cut through and through. Blood clots are present. Abrasion 2.5 cm .5 cm in front of neck 5 cm below from injury No. 1. In internal examination, the trachea was found cut through and through and blood clots were present in trachea. Stomach contained undigested food matter about 20 grms. THE large intestine contained faecal matter. In the small intestine digested food was found present. According to Dr. Agarwal, the death of the deceased was caused due to shock and haemorrhage as a result of ante-mortem injury on the neck, which was found sufficient in the ordinary course of nature to cause death. After sending the dead body for post-mortem examination, P.W. 6 S.I. D. C. Srivastava conducted further investigation, during which site plan Ext. Ka-13 was prepared. Blood was found lying on the place of incident. Blood stained and simple earth were collected from the place of occurrence and after filling the same in tin containers, fard Ext. Ka-10 was prepared in this regard. Statements of the witnesses were recorded and after completing other formalities with regard to the investigation, charge-sheet Ext. Ka-14 was submitted against the appellant-accused under Section 302, I.P.C.;