Adarsh Kumar Goel, J. - (1.) THE appellant questions his conviction and sentence under Section 302 IPC, for which, he has been sentenced to undergo life imprisonment and to pay fine of Rs. 1,000/ -.
(2.) CASE of the prosecution is that deceased Kulwant Kaur wife of the appellant had delivered a child 20 days prior to the occurrence and she was at her parents' house. On 29.7.1997, the appellant also came to his in -laws' house and was staying with the deceased. On 31.7.1997 at 1.30 P.M., in the sight of her brother Prem Singh, PW -2, the appellant assaulted the deceased and gave three kahi blows on her neck, resulting in her death. Tara Singh (PW -3) father of the deceased was also present in the house. Prem Singh proceeded to inform the police and met ASI Gurmit Singh (PW -4) on the turning of Village Bhindi Saidan who recorded his statement (Ex.PE), which led to registration of formal FIR. ASI Gurmit Singh went to the place of occurrence, prepared inquest report and sent the dead body for post -mortem examination. He also collected bloodstained earth and other items and arrested the accused alongwith the weapon. Dr. Ashok Chanana (PW -1) conducted the post -mortem examination on 1.8.1997 at 10.30 A.M. and found following injuries: 1. An oblique incised wound 6 x 4 cms. with clotted blood, muscle deep was present on the left lateral aspect of the neck, 4 cms. below the ear. 2. An oblique incised wound 8 x 5 cms. with clotted blood was present on the left lateral aspect of neck and on the back and left side of the neck. The underlying soft tissue structures, blood vessels and cervical vertebrae No. 3 and spinal cord were cut through and through. Clotted blood was present at the site, 3 cms. below injury No. 1. An oblique incised wound 5 x 2 cms. with clotted blood and underlying parietal bone cut through and through was present on the right side of the head.
(3.) AN obrated bruise 5 x 4 cms. was present on the right maler eminence of the cheek. 3. The cause of death was injury No. 2, which had resulted in severance of spinal cord which was sufficient to cause death in the ordinary course of nature. The death was instantaneous. 4. After investigation, the accused was sent up for trial.;