S.S.BYAS, J. - (1.) ACCUSED Nathusingh was convicted Under Section 302, IPC for committing the murder of his wife Mst. Dariyab Kanwar and was sentenced to imprisonment for life with a fine of Rs 1000/ -, in default of the payment of fine to further undergo six months rigorous imprisonment by the learned Sessions Judge, Jalore, vide his judgment dated Dec. 7, 1979. The accused has come -up in appeal to challenge his conviction.
(2.) STATED in succinct, the prosecution case is that Mst. Dariyab Kanwar and her son Gangasingh (PW 1), aged about 19 years, were sleeping in the open court -yard of their house in village Thanwla P.S. Ahore district Jalore in the intervening night of June 27/28, 1979. At about 3.00 or 3.30 A.M., Gangasingh awoke on bearing some noise. He got up and saw blood oozing out from the head injury of his mother Mst. Dariyab Kanwar and his father (accused Nathusingh) standing by her with an axe in his hand. The accused struck one more blow on the head of Mst. Dariyab Kanwar. Ganga Singh raised cries, hearing which his brother Rawatsingh (PW 2), his cousin Bhawani Singh (PW 3) and his uncle Ramsingh (PW 4) arrived on the spot. They all caught hold of the accused and tied him with a cot to prevent his escape. Bhawanisingh (PW 3) went to Gudda and brought doctor Chandraprakash (PW5) on the spot at about 4.50 A.M. Mst. Dariyab Kanwar was still then alive, but passed away after sometime. PW 1 Gangasingh went to Police Station, Ahore and presented written report Ex. P 1 of the occurrence at about 8.00 A.M. on June 28, 1979. The police registered a case and took up the investigation. Station House Officer Shaukat Ali (PW 9) contacted the Deputy Superintendent of Police Amrit Soni (PW 6) The investigation was made by the Deputy Superintendent of Police. He arrived on the spot, inspected the site and prepared the inquest report of the victim's dead body. Her blood -stained clothes were seized and sealed. The accused was arrested on the same day, vide arrest memo Ex - P. 7. Dhoti (Ex. 2) and shirt (St. 3), which he was wearing at that time and which were found smeared with blood, were seized and sealed. In consequence of the disclosure statement made by the accused on the same day, axe (Ex 1), which he had wielded in inflicting the blows to the victim, was recovered. The autopsy of the victim's dead body was conducted at about 11.30 A M. on June 28, 1979 by PW 5 Dr Chandra Prakash. He noticed the following ante -mortem injuries on her dead body: External (1) Incised wound 15.0 cm x 5 0 cm x 5.0 x bone deep (antero -posterial).Scalp and for the starting 5.0 cm above the left eye -brow extending posteriorly straightly over scalp 5 0 cm above the left ear. Margins of wound sharply cut. Skull bone cut throughout the wound and small pieces of bones were found in the wound (of varying sizes). Membrances of brain out in the wound. Brain material coming out from the wound. Hair found in the wound. Weapon used sharp (2) Incised wound 4 cm. x 0.5 cm. x skin deep (transversely) situated on left side of face and lateral to the lateral end of left eye -brow. Weapon used sharp. (3) Incised wound 7 cm. x 0.3 c.m. x bony -deep situated on central part of scalp. Weapon used sharp. (4) Incised wound 4.0 cm x 0.3 cm, x skin deep situated on left parietal region of scalp in between injury No. 1 and 3. Weapon used sharp. Internal Fracture of skull bones, including left frontal and parietal bones measuring 15.0 cm. x 5 c.m. antero -posteriorly There were multiple pieces of bones of varying sizes impacted in brain tissue. There was effusion of blood and clotts around the fractured site, fractured ends of bone deeply stained with blood and did not wash with water. In the opinion of Dr. Chandra Prakash, the cause of death of Mst. Dariyab Kanwar was come due to fracture of skull and injuries to brain. The post -mortem Examination issued by him his Ex.P 6. The accused was lodged in judicial custody on June 29, 1979. On July 7, 1979, he made a confession (reduced into writing in Ex. P 13) before PW 11 Sari Heeralal Caanda -the then Additional Munsif and Judicial Magistrate, Jalore. The articles were sent for chemical examination and blood was detected on most of them, including the axe and clothes of the accused. On the completion of investigation, the police submitted the challan against the accused in the Court of Munsif and Judicial Magistrate, Jalore, who in his turn, committed the case for trial to the Court of Sessions. The learned Sessions Judge framed a charge under Section 302, IPC against the accused, to which he pleased not guilty and claimed to be tried. In support of its case the prosecution examined twelve witnesses and filed some documents. In defence, no evidence was adduced by the accused. In his statement recorded under Section 313, Cr. PC the accused claimed absolute innocence and alleged that he was falsely implicated due to his enmity with the prosecution witnesses. On the conclusion of trial, the learned Sessions Judge found the charge duly brought home to the accused. He was consequently convicted and sentenced, as mentioned at the very out -set. Aggrieved against his conviction, the accused has taken this appeal.
(3.) WE have beard Shri M.C. Bhandari, learned counsel for the accused and Shri Niyazuddin Khan, learned Public Prosecutor for the State. We have also gone though the case file carefully.;