SHYAM SUNDER BYAS, J. - (1.) ACCUSED Banka Sonar was convicted under Sections 302, 307 and 326, IPC and was sentenced to imprisonment for life with a fine of Rs. 100/ -, in default of the payment of fine to further undergo three months rigorous imprisonment on the first count, three years rigorous imprisonment with a fine of Rs. 100/ -, in default of the payment of fine to further undergo one month's like imprisonment on the second and two years rigorous imprisonment with a fine of Rs. 50/ -, in default of the payment of fine to further undergo one month's simple imprisonment on the last count. The accused has come -up in appeal to challenge his - conviction.
(2.) BRIEFLY stated, the prosecution case is that at about 11.00 A.M. on January 5, 1981, PW 6 Jetha appeared at Police Station, Chauhtan and presented written report Ex. P 7. It was stated by him therein that in the night proceeding, he was sleeping in his Dhani. His brother accused Banka, who was living with his wife, mother Mst. Banoo (PW 1), his minor children PW 3 Deepa (4) and Kesiya (6) was quarrelling with his wife. She was raising cries. Hearing the cries, he rushed to the spot and found the accused and his wife Mst. Dhani in the court -yard (Aangan). The accused was having an axe with him while his wife was lying with multiple wounds over her body. Blood was oozing out from her wounds. He also found his mother and the two minor children of the accused severely injured. It was further stated therein that the wife of the accused did not survive and passed away instantaneously on the spot. The police registered a case and proceeded with investigation. The Investigating Officer Bhagwan Singh (PW 8) arrived at the Police Station on January 6, 1981. He inspected the site and prepared the site plan. He also prepared the inquest report of the dead body of deceased Mst. Dhani. Blood -stained soil was lifted from the place of occurrence. It was seized and sealed. The post -mortem examination of the victim's dead body was conducted at about 4.00 P.M. on January 5, 1981 by PW 1 Dr. Nimbraj -the then Medical Officer Incharge, Government Hospital, Chauhtan. The doctor noticed the following injuries on the victim's dead body ; (1) Incised would - size 2 -1/2' x 1 -1/4' 1/2' with clotted blood on the left side neck back 1 -3/4' away from left ear (2) Incised] wound - size 2 -1/4' x 1 -3/4' x 2 1/4' on the right side neck back adjacent to right ear involving temporal bone and mas -toid region. (3) Incised wound with clotted blood - size 1' x 1/2' x 1/4' on the left side of neck back lower part (4) Incised wound with clotted blood - size 1 -1/4' x 3/4' x 1/2' on the right side face adjacent to right ear The injuries were ante -mortem in nature and were caused by sharp -edged weapon. The doctor was also of the opinion that injuries No. 1 and 2 of the deceased -victim were sufficient in the ordinary course of nature of cause death. The injuries of Mst. Banoo, Kesu, Jetha and Deepu were also examined by Dr. Nimbraj. One of the injuries of Mst. Banoo was found grievous in nature. The accused was arrested and in consequence of the information furnished by. him, an axe was recovered. The blood -stained clothes of the deceased -victim and the other injured persons were also seized and sealed. After when the investigation was over, the police submitted a challan against the accused in the Court of Judicial Magistrate, Barmer, who, in his turn, committed the case for trial to the Court of Sessions. The learned Sessions Judge, Balotra framed charges under Sections 302, 307, 326, 324 and 323, IPC against the accused, to which he pleaded not guilty and claimed to be tried. According to him, he was absolutely innocent and has been falsely dragged in. 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 under Section 313, Cr.PC he simply denied the allegation made against him, but raised no specific plea in defence. On the conclusion of trial, the learned Sessions Judge found the charges duly proved against the appellant. He was consequently convicted and sentenced as mentioned at the very out -set. Aggrieved against the said judgment, the accused has taken this appeal. We have heard Mr. Suresh Kumbhat, learned Amicus Curiae for the appellant and Mr. G.M. Bhandari, learned Public Prosecutor for the State.
(3.) BEFORE proceeding further, it may be pointed out that the learned Amicus Curiae did not challenge the opinion of Dr. Nimbraj about the cause of death of the deceased victim Mst. Dhani and the injuries found on the body of Banoo, Kesu, Jetha and Deepu. We have gone through the statement of Dr. Nimbraj and find no good reasons to distrust what he stated. The death of Mst. Dhani was, thus, homicidal in nature. It also stands proved from what he stated that the other four injured persons sustained multiple injuries. One of the injuries of Banoo (PW 2) was grievous in nature.;