GARG, J. - (1.) THIS appeal has been preferred by the accused appellant against the judgment and order dated 9. 1. 1995 passed by the learned Sessions Judge, Bhilwara in Sessions Case No. 2/94, by which he convicted the accused appellant under Section 302 IPC and sentenced to undergo imprisonment for life and a fine of Rs. 500/-, in default of payment of fine, to further undergo three months' R. I.
(2.) THE brief facts giving rise to this appeal are as follows:- On 19. 10. 1993 at about 3. 30 AM, PW11 Shanti Swaroop, S. H. O. , Police Station Bijoliya District Bhilwara made a parchakayami (Ex. P/16) to the effect that at about 3. 15 AM, PW2 Dr. Durga Shankar, who was posted as Medical Officer in the Primary Health Centre, Bijoliya informed on telephone to him that the accused appellant has killed his wife Tara (hereinafter referred to as the deceased) with a knife and he further requested that necessary action be taken. On this information, PW11 Shanti Swaroop reached the hospital and found the dead body of the deceased lying on the stretcher and blood was oozing profusely from her dead body. He also found two incised wounds on the left side of her neck, which were caused by knife and visibly it appears to him that she died because of the injuries caused to her by knife and thus, this is a case under Section 302 IPC. Hence, he registered the case and started investigation. THE post mortem of the deceased was got conducted by PW2 Dr. Durga Shankar and PW. 7 Devendra Kumar and the post mortem report is Ex. P/4. During investigation, accused appellant was arrested by PW11 Shanti Swaroop through Ex. P/15 on 19. 10. 1993 at 3. 00 PM in the presence of two motbirs PW10 Udailal and Shambhulal. THE accused appellant gave information Ex. P/17 to PW11 Shanti Swaroop on 20. 10. 1993 at 2. 00 PM to the effect that he could get recovered one knife and on this information, a knife article-1 was recovered from the house of the deceased in the presence of two motbirs PW3 Ashok Kumar and PW5 Badrilal on 21. 10. 1993 at 10. 10 AM. THE clothes of the deceased as well as the accused appellant were also seized by PW11 Shanti Swaroop and they were sent to the FSL and the FSL report is Ex. P/18, which shows that they are stained with human blood etc. After usual investigation, the police submitted challan against the accused appellant in the Court of Magistrate and thereafter, the case was committed to the Court of Session. THE learned Sessions Judge, Bhilwara on 25. 1. 1994 framed the charge under Section 302 IPC against the accused appellant. THE charge was read over and explained to the accused appellant, who pleaded not guilty and claimed trial. In support of its case. THE prosecution examined as many as 11 witnesses and got exhibited 18 documents. THErefore, statement of the accused appellant under Section 313 Cr. P. C. was recorded and in that statement, in the last question No. 14, he replied in the following manner :- *** After recording evidence and conclusion of trial, the learned Sessions Judge through his judgment and order dated 9. 1. 1995 convicted the accused appellant for the offence under Section 302 IPC and sentenced in the manner stated above, holding inter-alia. 1. That in the room in which incident took place in the intervening night of 18/19. 10. 1993, none was present except accused appellant and his wife deceased. 2.That just after the occurrence, cries of deceased were heard by PW4 Smt. Hari Bai, the mother of the deceased and on hearing cries, she rushed towards the door and found that the accused appellant was running from the room. 3.That accused appellant has admitted in his statement recorded under Section 313 Cr. P. C. that his clothes were stained with the blood of the deceased. 4. That the deceased did not commit suicide and there were no reasons for her to commit suicide. 5. That the accused appellant did not inform about the alleged incident to the police in any manner and in case the information would have been given to the police, the police would have acted upon it positively. 6.That the prosecution has been able to prove its case beyond reasonable doubt against the accused appellant for the offence under Section 302 IPC. Aggrieved from the said judgment and order dated 9. 1. 1995 passed by the learned Sessions Judge, Bhilwara, the present appeal has been filed by he accused appellant. In this appeal, the following submissions have been made by the learned counsel for the accused appellant:- 1. That the learned Sessions Judge has committed an irregularity in predominately basing his judgment on the evidence of PW4 Smt. Hari Bai, whose testimony is full of infirmities, contradictions and furthermore, she is an interested witness being the mother of the deceased and her statement is not supported by any other evidence. 2. That recovery of the knife in the present case is doubtful and thus, accused appellant cannot be connected with the so- called recovery of knife article-1. 3. That the learned Sessions Judge erred in not considering that on 18. 10. 1993, accused appellant has himself gone to the Police Station at 3. 00 AM in the dark night to report that his wife Tara (deceased) has tried to commit suicide. Hence, it has been argued on behalf of the accused appellant that it is a case of suicide by deceased herself and it is not a case of homicidal death and thus, accused appellant should be acquitted of the charge under Section 302 IPC. On the other hand, the learned Public Prosecutor supported the impugned judgment and order passed by the learned Sessions Judge, Bhilwara. We have heard the learned counsel for the accused appellant as well as the learned Public Prosecutor and perused the record of the case. Let us first take the medical evidence of the present case.
(3.) THE post mortem report of the deceased is Ex. P/4 which is dated 19. 10. 1993. THEre is no dispute on the point that the alleged incident took place in the intervening night of 18/19. 10. 1993 and just after the incident, deceased died. To prove the post mortem report Ex. P/4, two doctors, namely, PW2 Dr. Durga Shankar and PW-7 Davendra Kumar have been produced on behalf of the prosecution. Pw2 Dr. Durga Shankar in his statement states that on 18. 10. 1993, he was Medical Officer in the Primary Health Centre, Bijoliya and on that day in the night at about 3. 00 AM deceased was brought in the hospital and she was medically examined by him and he conducted the post mortem of the deceased on 19. 10. 1993. He further states that when the dead body of the deceased was brought in the hospital, her mother Pw4 Smt. Hari Bai told him that accused appellant, who was husband of the deceased, had struck knife injuries on her neck. He further states that on opening the dead body of the deceased, the following injuries were found :- 1. One incised wound 5cm x 2cm on the left side of the neck at middle of neck and about 3 cms deep at centre and low end and with abrasion of about 3cm in length and 1/4 cm width sternoclerdo mustard muscle exposed. 2. Incised wound 3cm x 1/2 cm x skin deep on upper part of left temporal region. He further states that the post mortem of the deceased was conducted by him as well as by Pw-7 Davendra Kumar and in their opinion, the cause of death is :- ``we have thoroughly examined dead body of Smt. Tara Kumari. She died due to excessive haemorrhage caused by cutting of Ext. Jugalar vein and internal carotid art. of left side leads to instant death. '' He has proved the post mortem report Ex. P/4 and from his statement, it is clearly proved that the death of the deceased was not a natural one. Whether it was homicidal or suicidal, it would be seen later on. ;