S.S.Byas, J. - (1.) This appeal is directed against the judgment of the learned Additional Sessions Judge (2), Hanumangarh dated Dec. 1980, by which the appellant Jetharam was convicted under section 302, I.P.C. and was sentenced to imprisonment for life with a fine of Rs. 3000/-, in default of the payment of fine to further undergo three years rigorous imprisonment.
(2.) Succinctly stated the facts and circumstances leading to the prosecution and conviction of the appellant are as follows.
(3.) Mst. Bhuri the deceased-victim in the case, aged about 40 years, was the wife of P.W. 3 Ganpat and mother of P.W. 4 Guddi. They were living in village Meshitawal, P.S. Tibi district Ganganagar. The appellant is also a resident of the same village and his house is situate not far away from that of Ganpat. A day prior to the occurrence (December 23, 1979) while Ganpats daughter was coming to her house with a bundle of grass through the field of the appellant, his wife picked-up some quarrel with the girl. This led to an exchange of abuses between the wife of the appellant and Mst. Bhuri. P.W. 2 Madu Nayak intervened and separated the two women. At about 4.00 P.M. on Dec. 23, 1979, Mst. Bhuri went to shop of P.W. 1 Ramchandra Arora to purchase Cur. Her daughter Guddi (P.W. 4), aged about 9-10 years and her son younger to Guddi, also, accompanied her. No Cur was available at the shop of Ramchandra. Mst. Bhuri and her children returned from the shop to go to their house. The appellant met them sitting near the corner of Ram Chandras house. He had a Kassi in his hand. The appellant ran after Mst. Bhuri with Kassi in his hand. Mst. Bhuri ran in panic to save herself and the accused followed her. He struck a blow of Kassi to Mst. Bhuri which fell on her hand. Mst. Bhuri fell down. The accused there after struck 4-5 blows on the head and other parts of Mst. Bhuri with the Kassi he had with him. There was profuse bleeding from the wounds of Mst. Bhuri. P.W. 1 Ramchandra came running on the spot and challenged the accused. Madu (P.W. 2) and Hariram also came there. The accused managed to run away. Guddi and her brother went to their father Ganpat who was working in the field of one Khinya Suthar and apprised him of the incident. Ganpat came to the spot and found Mst. Bhuri lying dead. He immediately left the place to go to Police Station, Tibi where he reached report at about 8.30 p.m. He there verbally lodged report Ex. P. 2 of the occurrence. The police registered a case and proceeded with the investigation. The Station House Officer Jagdish Prasad (P.W. 6), arrived on the spot on Dec. 24, 1979. He inspected the site and prepared the inquest of the victims dead body. The blood-stained soil was lifted from the site and was sealed. Some articles were also seized and sealed. The autopsy of the victims dead body was conducted on Dec. 24, 1979 by P.W. 5 Dr. Narendra Singh Godara - the then Medical Officer In-charge, Government Hospital, Hanumangarh. The doctor noticed the following injuries on the victims dead body:External 1. Incised wound 5 x 3 on the left side of neck. The spinal cord, vertebrae are cut at level of C-3 and C-4. The blood vessels are cut on left side. 2. Incised wound 3 1/2 x 1 1/2 on left side of face. Bone deep-mandible fractured. Wound extending up to left ear. Left ear was also cut. Bone deep. 3. Incised wound 3 x I x I below left ear. 4. Incised wound 4 x 1 1/2 left temproparietal part of scalp. Bone deep. 5. Incised wound 2 x 1 1/2 x Bone deep. Dorsal surface of right hand. Hand near left little finger metacarpal bone was cut. Internal 1. Fracture of 3rd and 4th cavical vertebrae. 2. Mandible left side. 3. Metacarpal bone of right little finger. In the opinion of Dr. Godara, the cause of death of Mst. Bhuri was shock due to severe haemorrhage from large vessels of the neck and injury to spinal cord. He was further of the opinion that injury No. 1 alone and all the injuries collectively were sufficient in the ordinary course of nature to cause the death. The report of autopsy issued by him is Ex. p. 3 The accused was arrested on Dec. 24, 1979 and in consequence of the information furnished by him, Kassi alleged to have been wielded by him in inflicting the blows of Mst. Bhuri was recovered. The blood-stained clothes of Mst. Bhuri were also seized and sealed. Some of the articles were sent for chemical examination. Kassi was found stained with blood. On the completion of investigation, the police submitted a challan against the appellant in the Court of Judicial Magistrate, Hanumangarh, who in his turn, committed the case for trial to the Court of Sessions Judge. The learned Additional Sessions Judge framed a charge under section 302, I.P.C., to which the accused pleaded not guilty and claimed absolute innocence. He denied that he had killed Mst. Bhuri. According to him, he has been falsely impleaded merely on suspicion. In support of its case, the prosecution examined six witnesses and filed- some documents. In defence, no evidence was adduced by the accused. On the conclusion of trial, the learned Additional Sessions Judge found the charge duly established against the appellant. The appellant was consequently convicted and sentenced as mentioned at the very out-set. Aggrieved against his conviction, the accused has come-up in appeal.;