K.BHATNAGAR,J. - (1.) THIS appeal is directed against the Judgment dated 28'th of October, 1983 passed by the learned Sessions Judge, Bhilwara, by which appellant Prem Singh was convicted Under Section 302 IPC and sentenced to imprisonment for life and a fine of Rs. 200/ -, in default to undergo one month's simple imprisonment.
(2.) BRIEFLY stated, the prosecution case is that appellant Prem Singh and his wife deceased Ganda were not on good terms. Prem Singh was not managing for the livelihood of Ganga and her children as such Ganga was living separate from the appellate, with his son Kalu Singh (PW 1). That, on 1.5.83, Prem Singh, with an axe on the handle of a cycle, went to Sunaron ka kunwa] where his son Kalu Singh along with Sohan Lal Lohar and Shri Ram Gujar was sitting. The appellant told him that he would kill Ganga. Appellant then left the field and went to house of Ganga and killed her with axe while she was grinding salt. Roop Singh (PW 3) and pulley Singh (PW 2) are said to have seen the appellant going inside the house and coming out of it with an axe. He then rubbed the bloodstained axe on a bedding lying on a cart and put it on the fencing. After some time he took the axe and went away from there on cycle. Kalu Singh along with one Devilal went to his house and found His. Mother lying murdered in a pool of blood. He informed Devilal accordingly and went away from there. Devilal also went inside and saw Ganga lying murdered. He then went to Sarpanch and Patwari and informed about the incident and got the report Ex.P. I ascribed and sent it to Police Station with Laxman (PW 4) to Police Station, Kareda. On the basis of that report Laxman Singh (PW 11) of Police Station, Kareda registered the case and went to the site. He took the clothes of the deceased Ganga in possession and got the post -mortem examination conducted by Dr. A.K. Mathur (PW 14) on 2.5.83. The doctor noted following injuries on the dead body of Ganga. 1. Incised wound -5.5' x 1' x 1.5' extending from front of neck to right side of the neck. 2. Large vessels on right side were completely cut down. 3. Oesophagus and trachea were cut down. The cause of death according to the doctor was massive haemorrhage and fracture of cervical vertebra and cutting of oesphagus and trachea leading to shock. Injury No. 1 was held to be sufficient in the ordinary course of nature to cause death. Ex.P.15 is the Post -mortem Examination Report. SHO, Laxman Singh then entrusted the investigation to the Deputy Superintendent of Police. The appellant is said to have gone to Bheem Police Station with an axe. Ghanshyam (PW 15) SHR, Police Station, Bheem on 2.5.83 arrested the appellant vide memo Ex.P.16 and recovered from his possession axe (Article 2) and sealed it. The SHO entrusted the appellant to Sohan Singh, ASI of Police Station, Kareda. The axe, handle of the cycle and the clothes of the deceased were sent for chemical examination and were found stained with human blood, according to the report of the serologist Ex.P.18. Upon completion of necessary investigation, charge sheet against the appellant was submitted in the Court of Munsif and Judicial Magistrate, Gangapur. On receiving the case on committal, the learned Sessions Judge, Bhilwara, charge sheeted the appellant and recorded his plea. On his denial of the charge, trial proceeded. Eighteen witnesses were examined by the prosecution to substantiate its case. In his statement Under Section 313,Cr. P. C the appellant denied the allegations levelled against him and stated that his wife was living separate from him. He wanted to bring her but she having illicit relations with Roop Singh, the latter was not permitting her to come to the appellant. No defence witness was examined. The learned Sessions Judge placed reliance on the statement of Kalu Singh and held the prosecution case established against the appellant and passed the judgment under appeal. As the appellant was not represented Mr, J.S,Chaudhary Advocate, offered his services and argued On his behalf.
(3.) WE heard Mr. J.S.Choudhary learned Counsel for the appellant and Mr.K.L.Jasmatiya, learned Public Prosecutor for the State and carefully examined the record of the case.;