N.N. Mathur; J. - (1.) The instant appeal is directed against the judgment of the Additional Sessions Judge No. 2, Hanumangarh dated 28.10.1999 convicting the appellant Mangi lal of offence under Section 302 I.RC. and sentenced to undergo imprisonment for life and pay a fine of Rs. 21,000/- in default of payment to further undergo 2 years simple imprisonment.
(2.) Briefly stated the prosecution case is that on 17.2,98 at about 12.15 P.M., P.W. 1 Tansukh iodged an oral First Information Report at Police Station, Hanumangarh Town stating inter alia that at about 8.00 or 8.30 while his wife Smt. Janki Devi was returning after answering the call of nature the appellant attacked on her and gave three repeated Churi blows causing injuries on her head, left hand and the back. He described the appellant as a person of bad character. His wife had reprimanded him of his misconduct on earlier occasions as well. His wife was taken to the Hospital where she succumbed to the injuries at about 11.30 A.M. The police registered a F.I.R. Ex.P1 for offence under Section 302 I.RC. and proceeded with investigation. The dead body was sent for the post-mortem. P.W, 10 Dr. Vijay Bhatnagar conducted the post-mortem of the dead body vide Ex.P15 noticing the following injuries ; (1) incised wound posteriorly 2" X 1/4"Xdeep upto Rt. Kidney at level of Thoracic vertibra. (2) Incised wound posteriorly 1' X 1/4" X bone deep at level of the Thoracic T11 -T12 (on mid line). (3) Incised wound (2 1/2" from vertibral column) l"Xl/4"Xdeep upto Lt. Kidney at level of Thoracic T12 posteriorly. In the opinion of the doctor the cause of death was shock and haemorrhage due to Injuries No. 1 & 3. He also opined that the Injures No. 1 & 3 were sufficient in the ordinary course of nature to cause death. All the injuries were ante mortem in nature caused by sharp edged pointed weapon During investigation the police recovered the blood stained Churi in pursuance of the information given by the appellant. After usual investigation, police laid charge-sheet against the appellant for offence under Section 302 I.RC.
(3.) The appellant denied the charges levelled against him and claimed trial. The prosecution adduced oral and documentary evidence in support of its case. The appellant denied the correctness of prosecution evidence appearing against him in his statement under Section 313 of the Code of Criminal Procedure. The trial court relying on the testimony of the eye-witnesses namely RW. 1 Tansukh, RW. 2, Mansukh, RW. 3 Krishan and RW. 11 Ram Kumar corroborated by the medical evidence and the recovery of Churi found the prosecution case proved beyond reasonable doubt. Accordingly, he convicted the appellant of offence under Section 302 I.RC. and sentenced in the manner noticed above.;