L.S. Mehta, J. - (1.) ACCUSED Shanker Pandit has been convicted under Section 302, I. P. C, for murdering his wife Mst. Ram Bai, aged 16 years, and sentenced to imprisonment for life by the learned Sessions Judge, Jaipur City, on February 27, 1968. The accused appeals against that judgment to this Court.
(2.) THE material facts of the case, as alleged by the prosecution, are that the accused Shanker Pandit worked as ayce in 61, Cavalry, C squadron, Jaipur. He was residing in quarter No. 9, located in the family lines of the above Cavalry. As a groom, it was his duty to take care of the Cavalry horses and to keep ready a horse for the use of his officer Dafedar Abdul Gafoor P.W. 4. In the morning of September 19, 1967, the said Dafedar went to the stable where he did not find his horse ready to take for a ride. On his inquiry, Shanker Pandit candidly told him that he had killed his wife as he had suspected that she had been in liaison with some other person. Abdul Gafoor, having been so informed, apprised Dafedar Major Faiz Mohammed Khan PW 8 of what he had been told. Shanker Pandit was called by Faiz Mohammed Khan. On his query he too was told by the groom that he had murdered his wife. Then reported the matter to Rasaldar Fateh Mohammed Khan. Faiz Mohammed Khan as also to Captain R. S. Sodhi (PW 8). These two officers also made separate inquires from the accused and he reiterated before them the facts as to how he had killed his wife. Dr. J. P. Mathur, P.W. 2, Regimental Medical Officer, 61, Cavalry, Jaipur, was called by Mr. Sodhi for the examination of Mst. Ram Bai. Dr. Mathur found the woman dead as a result of the throttling. The accused was then put into the custody of the quarter -guard. The police station, Sadar, Jaipur, was informed by the military authorities, P. W. 9 Ramchander, station officer of the said police station, registered a case against Shanker Pandit under Section 302, IPC , and started investigation The dead body of Mst. Ram Bai was sent to Dr. S N. Dugar, P. W. 3, Medical Jurist, S.M.B. Hospital, Jaipur. He conducted the post mortem examination of the corpse on September 19, 1967, 4. 45 p. m. He found the following injuries on the person of the deceased: 1. On the face two abradded acchymosis on the lower part of the left check placed parallel to each other. Both the above injuries were place 1.3" and 1 7" from the middle of the chin. The size of each of the said injuries was ¼" X 1/10". 2. Four patches of abradded acchymosis in an area of 1" X 7/10" on the front of neck slightly left to the medial line. The biggest patch was triangular shaped 1/3" X 1/3" in size. There were multiple abrasions in an area of 1.2" X ¼" on the right lateral side of the neck, 3" below the lower part of the right ear. The said injury was consistent with nail and finger marks.
(3.) THERE was a small abrasion ¼" X 1/6" one inch above the injury No. 3. In the opinion of the Doctor, the cause of death was possibly manual strangulation. The effect of the injuries could have caused death. After necessary investigation the police put up a challan against the accused Shanker Pandit in the court of the Additional Munsiff -Magistrate (West), Jaipur City. The said Magistrate conducted preliminary inquiry in accordance with the provisions of Section 207 -A., Cr P C, and committed the accused to the Court of the Sessions Judge, Jaipur City, to face trial under Section 302, I P.C On December 13, 1967, the accused was charged by the trial court for the offence of murdering his wife Mst. Ram Bai, to which he pleaded not guilty and claimed trial. The prosecution examined nine witnesses. In his statement recorded under Section 342, Cr. P. C, the accused stated that his wife had fallen ill on the previous day of her death. She could not sleep in the night and in the morning when he got up, he found her fast asleep. Abdul Gafoor came to him and he was told that his wife had fallen ill. He saw his wife. When he found her in a precarious condition, he suggested to him to confess his guilt as nobody would believe that his wife died of natural death. Soon after Faiz Mohammed, R. S. Sodhi, Sardar Singh and several other persons arrived at his quarter. R. S. Sodhi put him in the custody of the quarter -guard. Thereafter he was taken to the police station. The accused had further stated that the prosecution witnesses are Mohammedans and he being a Hindu, they are giving false evidence against him. Shanker Pandit did not produce any evidence in his defence. Eventually the trial court convicted and sentenced him as aforesaid. 3. Learned counsel for the appellant, while arguing the appeal, raised the following points: 1. That the trial court went awry in holding that Mst. Ram Bai died of strangulation. The evidence of Dr J. P. Mathur, P.W.2, and that of the Medical Jurist Dr. S.N. Dugar, P.W.3 is not reliable as they are not certain that Mst. Ram Bai died of manual strangulation. 2. That the trial court went wrong in placing reliance on the extra -judicial confession alleged to have been made by the accused before Risaldar Fateh Mohammed, P.W.1, Dafedar Abdul Gafoor, P. W. 4, Dafedar Major Faiz Mohammed Khan, P. W .6, and Captain R. S. Sodhi, P. W. 8. Learned counsel pointed out several discrepancies in the statements of these witnesses and he further urged that the alleged confession was made in the presence of Station House Officer Ramchander, P. W. 9, and, therefore, it is not admissible in evidence. 3. That having regard to the facts and the circumstances of the cape offence under Section 302, I.P.C., cannot be said to have been brought home against the accused. His conviction for the offence under Section 302, I.P.C., therefore, should be set aside. 4. As for the first point, Captain Dr. J. P. Mathur, P.W 2. examined Mst. Ram Bai at 6.30 a.m. on September 19, 1967 at the resident of the accused. He noticed two marks of ecchyomsis viz., (1) on the right side of the neck in the lower part, and (2) on the left side of the neck in frontal middle part just medial to the traches. The eyes of the dead body were half closed. In the opinion of Dr. Mathur injury marks on the neck indicated that Mst. Ram Bai died of throttling. The two injury marks were superficial & there sizes were probably ¼" X 1/6". The condition of the tongue of the deceased was normal. Her lips were not blue, nor were her eyes protruding. Dr. S. N. Dugar, Medical Jurist, S.M S. Hospital Jaipur, conducted the post -mortem examination of the dead body of Mst. Ram Bai. The injuries found by him have already been set out above. In the opinion of the Doctor it was possible that the cause of death was due to manual strangulation. The injuries were ante -mortem and their effect could have caused the death. The Doctor further opined that it was not necessary that there must be any internal injury. If pressure was put on the carolid cartilage, the victim would die much quicker than the pressure on the thyroid cartilage. A little pressure on carolid cartilage could easily cause death and in that case there might be no injury on the outer part of the body. In the cross -examination the Doctor stated that he did not come across any such case of strangulation in which there were no external injuries. In the present case there was a definite evidence of the finger marks on the neck and therefore, it could be concluded that strangulation was the cause of death. The Doctor further expressed the view that the face of the deceased was neither swollen, nor congested, the pupils were not dilated, the tongue was also not found protruded. The Doctor also told the court that he could find some mucoid froth in the mouth of the deceased. Learned counsel for the appellant challenged the medical evidence that as all the symptoms on the various parts of the corpse were normal, it would be risky to hold that Mst. Ram Bai died of strangulation.;