S.C.Agrawal, J. - (1.) This appeal is directed against the judgment dated August, 26,1976 passed by the Sessions Judge, Udaipur by which the appellant Pemla was convicted or the offence under section 302 of the Indian Penal Code and sentenced to imprisonment for life and a fine of Rs. 200/- in default of payment of fine to undergo two months rigorous imprisonment.
(2.) Succinctly narrated the facts of the case leading to the trial of Pemla and the present appeal are as under: The she-goats of Kana, husband of deceased Smt. Mani used to enter the field of appellant Pemla and for that reason deceased Smt. Mani and Navli, wife of appellant Pemla had quarreled. On May 26, 1975 there was hot exchange of words between the two ladies. At about 7.00 p.m. Pemla appellant, armed with a muzzle loading gun went to the house of Kana (P.W. 3) situated near his own house. He reprimanded Smt. Mimi about her picking up quarrel with his wife. Thereafter the appellant fired the gun towards Smt. Mani causing injuries to her. Raja, son of Vaja (P.W. 1) and Roda son of Kana (P.W. 2) were present there in the court-yard outside the house of Kana alongwith the deceased at the relevant time. On hearing the report of the gun fire Kana rushed to that place. He was informed by his injured wife that it was Pemla who had fired the shot at her and that she would not survive Kana Went to Ratna (P.W. 5) and informed him about the occurrence. Ratna went to the Police Station Ogana to lodge the report. Jang Bahadur (P.W. 7), the Station House Officer Police Station Ogana reduced into writing Ex. P. 16, the information furnished by Ratna (P.W. 5) and reached the site at 12.00 p m on May 26, 1975. The Station House Officer went to village-Gejbi at the house of Kana and proceeded with the investigation. He prepared the injury report Ex. P. 2 and the site inspection memo and the site plan Ex. P. 15. The blood smeared clothes of the deceased were taken in possession vide memo Ex P. 3 and 4. On May 28, 1975 Dr. Madan Mohan Gopal (P.W. 6) of Primary Health Centre, Jhadol conducted the autopsy over the dead body of Smt. Mani and prepared the postmortem examination report Ex. P. 10. The Doctor noted the following external injuries on the dead body: (a) There are five lacerated wounds present in Epigestric region. The edges are everted dried Black omantum is coming out in one of wounds marked No. 3 as shown in Fig. wounds are circular, Diameter of each is .,skin in between the wounds is 1/4 size. No. 1 wounds is i" away from No. 2. Skin around the wound is not tattooed. Blackned, Depth of the wounds not measured as they are penetrating in the cavity. (b) There are three small lacerated wounds present in the Lt. laternal aspect of lower half of Abdomen and iliac crest region site of each is 1/4 x Depth not measured as they are connected with cavity. Distance between each wound is 2 making a triangle, edges of the wounds are everted.
(3.) On dissection of the dead body the Doctor observed the condition of the patient as under: ABDOMEN (1) Walls: On dissection walls are congested 5" diameter of Epigestic wound. (2) Peritanem: Wounds already described present in Epigestric region but size is 3/4 diameter of each wounds. (3) Mouth Pharynx and Esophagus: Halthy. (4) Stomach and its contents: Stomach is fully lacerated with multiple small and big sized wounds appearing like a seive in the lower half of the stomach, stomach is empty and congested, Blood clots could be recovered, from stomach but no pellet or shots. (5) Small intestines and their contents: There are three small perforations present in the ileum. The intestine is congested in 6 length. The wounds are as follows in Fig. Distance between A and B is 1, Distance B and C is 2. (6) Large intestines and their contents. Lt. descending colour in lower portion is showing three lacerated circular wounds size 1 diameter. There as 2 apart one from another. Intestine is congested 6 length near the wounds.;