Gurnam Singh, J. - (1.) SARWAN Singh Appellant has been convicted for the murder of his wife Mst. Sito and sentenced to transportation for life. He has also been convicted under Section 324, I. P. C. for causing simple hurts to Banta Singh and Bachan Singh P. Ws. and sentenced to 3 months R. I. and one month's JR. I. on each count respectively. He has appealed against his conviction and sentence.
(2.) THE prosecution case is that Mst. Sito was jarred to the Appellant about 10 years before the incident. The Appellant and his wife were living in the same compound in which were living his cousins. Bachan Singh P. W. along with his brother and other members of the family. Bachan Singh P. W. and the Appellant were also partners in cultivation. Previous to this the Appellant along with his mother and other brother were living at Bassi Arq Their house was at that time occupied by Bachan Singh. The Appellant along with his mother then came to live in village Moharsingh wala where Bachan Singh P. W. was residing. AS the house belonging to the Appellant was used by Bachan for storing his goods, he put two rooms at the disposal of the Appellant in the same compound in which he was living. Oh 3 -2 -1952 the Appellant, his wife Mst. sito along with Banta and Mohinder Singh P. Ws. were sleeping in the same room. At about mid night Banta and Mohinder Singh P. W. were awakened by the shrieks of the murdered woman Mst. Sito. They saw the Appellant causing injuries with a spear to his wife 'Banta raised an alarm. The Appellant inflicted an injury on his person also. According to the story given by Banta Singh the Appellant after finishing with his job changed his dress and then removed 'Saggi (piece of gold jeweler) from her head. After this he left the room. On hearing hue and cry of Banta, Bachan Singh P.W. also came towards the spot and attempted to capture the Appellant when, he was emerging out of the room. Bachan Singh at that time saw that the Appellant was armed with a blood stained spear When Bachan Singh was attempting to catch the Appellant the latter inflicted an injury on his person also. The Appellant then got on to the roof and made good his escape. After this Bachan Singh went inside the room and found Mst. Sito lying unconscious on the cot and in an injured condition. The shutters of the room in which Mst. Raj Kaur mother of the Appellant was lying' were found chained from outside by Bachan Singh. The other members of the family also later gathered there on hearing hue and cry. Bachan Singh P. W. then sent his cousin Bansi to bring the Lamberdars to the spot. Mst. Siton had by this time succumbed to the injuries. Next morning Bachan Singh accompanied by Chaukidar of the village went to Police station Bhiki situate, at a distance of two Kos from the spot and made a report of the occurrence at 9 A.M. The station house officer was already investigating a case in Anr. village to which place the copy of the report was sent to him. Sarup Singh who was A. S. I. of this police station on getting the report from the police station at about 10 A.M. proceeded to the spot reaching there at about 10 -30 A.M. He prepared inquest report, and injury statement of the deceased and dispatched the dead body to civil hospital Mansa for post mortem examination. He also prepared an injury statement of Banta P. W. and sent him for his medical examination. He took into possession some blood stained straw from the spot and put it into a sealed parcel. He recorded the statements of Banta Mohindar Singh, Mst. Raj Kaur Bhag Singh and Nahar Singh P. Ws. and almost completed the investigation, by 2 -30 P.M. On search for the Appellant he A.S.I.M. Sarup Singh learnt that the accused had gone to Bhiki. He followed nun to that place and actually met him in the vicinity of the police station, Bhiki In fact the police officer deposed that the Appellant was proceeding to the police station. He was arrested by the Police officer in. presence of Kaur Singh P. W. On search of his person the investigating officer found 'Saggi' P 8 and blade of spear P 6 along with its handle P7. All these articles were taken into possession by him. The next day the investigating officer again went to the spot where he got the site plan prepared. Dr. Bhag want Singh Medical Officer Mansa conducted the post mortem examination on the dead body of the deceased on 4 -2 -52 at 6 P.M. He found the following injuries on her person: 1. Stab cut wound 1 1/4" x 1" underlying rib cut and" lung perforated on front of right chest upper part. 2. Stab cut would 1 1/14" x 1" intestines protruding, through it and perforated on left hypochondriac region; 3. Cut would 4" x 1 1/2" into bone deep on anteroom medial aspect of right lower leg in middle. Injuries Nos. 1 and 2 were caused by sharp edged pointed weapon and No. 3 by a sharp edged weapon. The cause of death was hemorrhage and shock resulting from injuries to lung and intestines. In the opinion of the Doctor the death took place about 2 hours after the infliction of the injuries. . Injuries Nos. 1 and 2 were individually sufficient in the ordinary course of nature to cause death. The Doctor found that the stomach was empty.
(3.) DR . Hari Kishan, Medical Officer, Bhiki examined Bachana P. W. on 4 -2 -52 at 12 noon and found the following injury on his person: 1. Punctured wound 3/4" x 1/3" skin on the right forearm back lunar aspect middle part. The injury was of 12 hours duration and was the;