MATHUR, J. - (1.) The appellant Ajai Singh has been convicted of offence under S. 302, I.P.C. on the charge of the murder of his wife Mst. Sanjivni, by the judgment of the Additional Sessions Judge No. 2, Jodhpur dated 11-3-1999 and sentenced to undergo imprisonment for life and to pay a fine of Rs.500.00; in default of payment to further undergo six months simple imprisonment.
(2.) The prosecution case as disclosed during the trial is that appellant-Ajai Singh was married to deceased Mst. Sanjivni on 24-6-1993. The couple lived at Jodhpur. It is alleged that the appellant used to harass his wife Smt. Sanjivni. She was being subjected to assault many times. It is also alleged that he used to beat her particularly after receiving call from a lady named Nirmla alias Nimmi. On 13-3-1995 he assaulted and pressed her neck. This incident was reported by deceased-Mst. Sanjivni to her parents at Ratlam on telephone. She was taken to Ratlam by her parents. She stayed there for 7 to 8 month. On the occasion of betrothal ceremony of Mst. Sanjivni's brother Shivendra, she came to Jodhpur on 12-5-1996. She was accompanied by one maid servant namely Manju. She also stayed at Jodhpur for 8 to 10 days. On return to Ratlam she also reported about the ill-treatment of the appellant with Mst. Sanjivni. On 5-9-1996 Mst. Sanjivni was dropped at Ratlam by the appellant. On 1-11-1996 appellant Ajai Singh again visited Ratlam and forcefully brought Mst. Sanjivni to Jodhpur. On 4-11-1996 appellant had a talk on telephone with parents of Mst. Sanjivni at Ratlam. He told to Sangivni's mother, P.W. 6 Smt. Jugnu, that everything will be settled by tomorrow. On 5-11-1996 a telephonic message was received from P.W. 4 Ashwini Kumar that appellant has killed Mst. Sanjivni.
(3.) On 5-11-1996, the appellant Ajai Singh presented himself at Police Station Shastri Nagar, Jodhpur at about 7.00 p.m. and lodged a self-incriminating oral First Information Report. It will be convenient to read the oral F.I.R. reduced to in writing by P.W. 17 Bhim Singh, In-charge Police Station, Shastri Nagar, Jodhpur. The English version of the F.I.R. Exhibit P-27 is as follows :- "A grandson was born in the family of my neighbour Chander Singh. For that reason I along with my wife Sanjivni were invited for dinner. At about 6.15 p.m. I asked my wife to get ready for going to the house of neighbour Chander Singhji, on which Sanjivni stated that she will not go with him. First he must get her aborted to get rid of the child. My wife Sanjivni was pregnant for last four months. My wife Sanjivni also stated that she will not give birth to his child. A child of a mad man is also mad. After saying so she kicked him. On this I asked her that she can stoop down to such a level. There after there was altercation between them. Thereafter she slapped me and also assaulted on my private parts. She also caused injuries on my face by her bangles. She was abusing me. On this I lost my temper. I went inside the kitchen and picked up knife and inflicted injury and picked up a hammer lying in the lobby and I gave a blow on the head of Sanjivni, on account of which her head was smashed and she fell down and died. The dead body of Sanjivni is lying on the floor inside the room. The hammer is lying in the almirah near the dead body. Thereafter, I locked the house and put the key in the pocket and riding on scooter No. RJ-19 IM 6768 I have come to you. I have committed a crime for which I feel sorry. I have come to give information.";