SHARMA, J. - (1.) THESE two appeals, one through Superintendent Central Jail, Kota and another in representative capacity are directed against the judgment dated 25. 1. 97 passed by the Sessions Judge, Jhalawar, by which he has convicted accused appellant Bhanwar Lal under Section 302 IPC and sentenced him to life imprisonment.
(2.) BRIEFLY stated the facts of the prosecution case are, that PW. 9 Chhagan Lal, so called eye witness to the occurrence lodged an oral report at Police Station, Jhalawar on 18. 1. 95 at about 10. 40 P. M. stating therein that on 18. 1. 95 at about 10. 00 P. M. he was going to the house of Bhagwan Singh alongwith Kanchan Bai wife of Shri Bhagwan Singh. When he reached near the house of Master Jaffer Bhai situated in Nala-Mohalla, accused Bhanwar Lal all of a sudden appeared and inflicted a sword blow on the head of Kanchan Bai, as a result of which she fell down and blood oozed out. when he tried to save Kanchan Bai, accused Bhanwar Lal inflicted sword blow which hit in between his left thumb and finger. Accused also inflicted injury on his paw. He tried to catch hold of accused, but he failed in his efforts. Thereafter accused further inflicted 2-3 blows by sword on Kanchan Bai. Hearing cries, Bhagwan Singh, Mehar and Badan Singh, Constable came to the place of occurrence and cought hold of accused Bhanwar Lal with sword in his hand. On the basis of the above oral report, police registered a case for offence under Section 307 IPC against the accused appellant vide FIR Ex. P. 9 and proceeded to investigate the case. During investigation, PW. 6 Manvendra Singh, SHO arrested the accused on 18. 01. 95 at 11. 45 P. M. vide arrest memo Ex. P. 16. At the time of arrest, one sword was also taken in possession vide Ex. P. 3. The Investigating Officer also took in possession one pair of shoes and pajama of accused stained with blood vide Ex. P. 4 dated 10. 1. 95. He visited the site and prepared site plan on 19. 01. 95 and took in possession blood smeared soil, control soil, one pair of ladies chapple, one pair of gents chapple, towel and blanket and prepared memos Ex. P. 12, P. 13, P. 14 P. 10 respectively. He also prepared inquest report Ex. P. 15 on 19. 1. 95 at 10. 00 A. M. Injured Kanchan Bai was taken to the hospital where she scummed to her injuries. PW. 2 Ramesh Chand Dubey conducted post- mortem on the body of deceased and found following injuries on her person. Verticle clear cut incised wound 4" x 1/2" Bone deep over left parietal bone. Clear cut incised wound 3/4" x 1/8" x 1/8" over hid of pinnae of left ear. The Dr. also found fracture of left parietal bone. According to him injury No. 1 was sufficient in the ordinary course of nature to cause death. He opined that the cause of death is comma due to intra cranniel haemmorhage due to head injury. He prepared his report Ex. P. 2. He also examined the injuries of Chhagan Lal and found one incised wound and three abrasions and one bruise on his body and prepared injury report Ex. P. 1. After the post-mortem examination, the Investigating Officer took in possession the clothes of deceased stained with blood vide memo Ex. P. 5. On 24. 1. 95 accused gave information Ex. P. 17 for recovery of Myan (cover of sword) and consequent to the information police recovered `myan' vide memo Ex. P. 18 and also prepared site plan Ex. P. 19 of the place of recovery. The recovered articles were sent for chemical examination. The report of chemical examination Ex. P. 20 indicates the presence of human blood on shoes, pajama, blood smeared soil, shawl, petticot, saree and blouse. The origin of stains on sword could not be determined because of its insufficiency for test. The Investigating Officer also recorded the statement of witnesses u/n 161 Cr. P. C.
(3.) ON completion of investigation, the police submitted a charge sheet agains the accused appellant u/s. 302, 307, 341, 324 and 323 IPC in the Court of Judicial Magistrate Ist Class, Jhalawar, who in turn committed the case to the Court of Sessions. The learned trial Court after hearing counsel for both the sides, framed charges against the appellant u/s. 302 and 324 IPC, to which the accused denied and claimed trial. During trial, the prosecution, to proves its case examined as many as 12 witnesses and exhibited some documents. Thereafter, the accused was examined u/s. 313 Cr. P. C. for the purposes of enabling him personally to explain the circumstances existing against him. He did not examine any witness in his defence. However, in his statement u/s. 313 Cr. P. C. he has taken the plea that while he was going alongwith his wife, some person attacked on his wife Kanchan Bai and inflicted injuries by sword, which resulted in her death. ;