KANTA BHATANAGAR, J. - (1.) APPELLANT Mangilal was tried for the charge under Section 302 I.P.C. by the Additional Sessions Judge, Udaipur. By the judgment dated 30th January, 1976, the learned trial Judge convicted the appellant for the aforesaid offence and sentenced him to imprisonment for life and a fine of Rs. 100/ -; in default of payment of fine to further under go rigorous imprisonment for three months.
(2.) THE prosecution case stated, in brief, is as under: on 17 -3 -75 at about 5.0 P.M. there was quarrel between Smt. Anchi deceased and the wife and mother of appellant Mangilal outside the house of Mangilal in connection with some quarrel amongst the children. Smt. Kanku (P.W. 2), daughter -in -law of the deceased returning after the days' labour had reached there at that time. She, caught hold of her mother -in -law, the deceased, and took her inside her house. A little while thereafter, the appellant, went inside the house of the deceased with a dagger in his hand. He caught hold of her and dragged her outside the house He then plunged the dagger in her chest at the threshold of the 'pol; Dhanna (P.W. 1) while returning from his field also reached there. Kala (P.W. 2), a neighbourer also reached there. Bhura (P.W. 3), husband of the deceased was ill at the time and was lying at the Chabutara of the 'pol' at that time. After inflicting the blow, the appellant took out the dagger and ran away with, it to the house. Dhanna went to the police station, Amet and lodged an oral report with Head Constable Govind Singh, incharge of the police station. The information reduced into writing is Ex. P. 1 The Head Constable after registering the case went to the site. It being night, he could not do anything, but arranged for the watch of the dead body. On the next morning, he made necessary investigation at the site and prepared the site inspection memo and the site plan. On 18.3.75. he arrested the appellant. At the time of arrest he was wearing a 'bandi', which was suspected of blood stains, and was taken in possession and sealed. White under custody, the appellant furnished information to the investigating officer for getting the blood stained dagger recovered from his house. In pursuance of that information he got recovered the dagger Ex. 5 from beneath the grass lying in his house. The articles recovered were sealed. The dead body of Smt. Anchi was sent for post mortem examination. Dr. B.N. Kundu (P.W. 9), medical officer, incharge P.H.C. Amet conducted the autopsy over the dead body of Smt. Anchi and noted the following external injuries: (1) Stab wound 5 cm. x 2cm. square shaped on right first inter costal space. 10 cm. downward deep. Direction downward and laterally. (2) One abrasion 3 cm. x 1 cm. on laternal border of lower on fourth part of left arm skin deep. Injury No. 1 was found to be grievous and caused by some sharp weapon. Injury No. 2 was found to be simple in nature and caused by some blunt object. The duration of the injuries according to the Doctor was 18 hours from the time of the examination. The Doctor noted fracture of the second and the third rib of the right side. In the opinion of the Doctor, the cause of death was due to syncope as a result of the cutting out of interior wall of acsending arota which caused pro fused haemorrhage. The Doctor opined that the death should have been instaneous. The post mortem examination report is Ex. P. 11. The blood smeared clothes taken off from the dead body were also sealed. All the articles sealed and recovered during the course of investigation were sent for chemical analysis. All the articles were found to be stained with blood by the Chemical Analyser. The cutting of the clothes and the scrapping from the dagger were found to be stained with human blood as per report of the Serologist Ex. P. 14.
(3.) UPON completion of the necessary investigation, charge sheet against the appellant was filed in the court of Additional Munsif and Judicial Magistrate Rajsmand. The learned Magistrate, committed the appellant to the court of Sessions Udaipur, to stand Ins trial. The learned Sessions Tudge transferred the case to the court of Additional Sessions Judge, Udaipur, who charge sheeted the appellant for the offence under Section 302 I.P.C. and on the denial by the appellant of the indictment, proceeded with the trial. The prosecution examined 12 witnesses in all. The appellant in his statement under Section 313 Cr. P.C. denied all the allegations levelled against him. About the blood on his bandi, he stated that Smt. Anchi being his aunt, he seeing her lying on the ground, had tried to make her stand and in that process his bandi might have been stained with blood. He also stated that he was owing Rs. 442/ - from Bhura, husband of Smt. Anchi. Bhura did not return the money on demand. That, he had also suffered the expenses for the joint wall between his house and that of Bhura and for that reason Bhura has deposed against him. He also stated about there -being some quarrel between him and witness Kela in connection with money transaction. One defence witness Kishna was examined to state that Kela, Dhanna and Smt. Kanku had reached the site after the witness had reached there on hearing the cries of the children. He also stated that appellant Mangilal was there amongst the persons who lifted the dead body of Smt. Anchi. The learned trial Judge placed reliance on the prosecution evidence and passed the judgment of conviction and sentenced the appellant as stated earlier. Being aggrieved by his conviction and sentence, the appellant has preferred the appeal in this Court from the jail. As he was unrepresented, Mr. Ram Singh Rathore, Advocate was appointed Amicus Curiae to plead on his behalf. We heard Mr. Ram Singh Rathore, Amicus Curiae and Mr. H.N. Calla, Public Prosecutor and carefully examined the record of the case.;