K. S. SIDHU, J. - (1.) THE appellant, Surajmal, has been convicted by the learned Sessions Judge, Jhalawar for the offence of murder of his wife Bhuri and sentenced to imprisonment for life and a fine of Rs. 1,000/- or, in default, for the rigorous imprisonment for a period of six months.
(2.) THE case of the prosecution is that on February 12, 1981, Suresh Kumar (PW 5) a Forest Guard, saw the dead body of a woman, lying manacled in the bushes, with a knife stuck into the abdomen still in that very position at that time. Most of the skin and muscles had been eaten away by animals and birds. A diary and a pair of black shoes were also lying there. Leaving two of his colleagues behind to guard the spot, Suresh Kumar went to the police station concerned and made a written report (Ex, Pi) there, Vijay Bahadur Singh (PW 16) the Station House Officer, Kotwali, Jhalawar, went to the spot, prepared its rough sketch (Ex. P 2) held inquest proceedings (Ex. P 6 and Ex. P7) took into possession the clothings, ornaments shoes vide memo Ex. P8 removed the Knife Ex. 4 from the dead body and sealed it vide memo Ex P9 and also retrieved the diary, Ex. 5 from near the dead body and prepared memo Ex. P11 about it. From the clothings etc. recovered from there, the dead body was identified to be that of Bhuri wife of the accused appellant. THE accused appellant was arrested on February 24, 1981. It is alleged that some blood stained clothes were recovered by the police on February 20, 1981 in consequence of the information supplied by the accused. On further investigation the police claim to have discovered that the knife Ex. 5 had been purchased by the accused from Abdul Majid (PW 10) sometime prior to the occurrence. The diary Ex. 5 according to the police, belongs to the accused who caused certain entries regarding sales etc. of sheep and goat to be made therein by Sita Ram (PW. 5 ). It is alleged that the accused was last seen with Bhuri a day or two prior to the day on which the crime was committed. The prosecution examined Mst. Jhamku, Shivlal, Hazarilal, Suresh Kumar, Sitaram, Shrilal, Jamunalal,birdhulal, Ghesalal, Bhanwar Singh, Chatter Singh, Hooralal, Kishanlal, Abdul Wahib, Abdul Majid, Vijay Bahadursingh & Nathulal Champawat as witnesses in support of its case. PW Jhumki is a sister of the accused. She testified that the accused and Bhuri had taken her from village Parbati to village Kholi and given her in naata there to Shivlal. Jhumki deposed that she had not seen Bhuri after she left village Kholi in the company of the accused Shivlal, the naata husband of Jhumki corroborated her evidence. Hazarilal, the first husband of Jhumki, gave here say evidence regarding the alleged taking away of Bhuri by the accused from village Khuri to village Parbati. His deposition must be ignored as irrelevant. Suresh Kumar testified that he had seen a manacled dead body of a woman lying in the bushes on February 12, 1981 and that he had reported this fact to the police the same day. Sita Ram (PW 5) testified that he had been writing diary Ex. 5 for the accused and that the diary belongs to the accused. Shrilal (PW 6) stated that the accused left the village in the company of his wife Bhuri, and sister Jhumki 4 or 5 days before the obsequies regarding the death of the accused's mother were scheduled to take place and that he did not return to the village on the date the obsequies were performed. He returned nearly 15 or 16 days later.
(3.) PWS. Jamna Lal and Birdhi Lal's evidence has also to be ignored because they admitted in cross-examination that what they had said in examina-tion-in chief about Bhuri going away from Khori in the company of the accused and about the clothes that Bhuri has been wearing at that time was based on the information which they had gathered from other villagers. Pw Ghisa Lal did not support the prosecution case regarding the alleged recovery of a bag of the accused containing the clothings at his instances. He was declared hostile at the request of the Public Prosecutor. Pws. Bhanwar Singh and Chatter Singh are police officials who, gave formal evidence relating to the custody of some articles connected with this case. ;