M.J.Jain, J. - (1.) Appellants Nanu and Mst. Shanii were tried for an offence under section 302 Indian Penal Code in the Court of the learned Sessions Judge, Sri Ganganagar. They were acquitted of the same but instead, Nanu was convicted under section 304 part I (I.P.C.) and sentenced to rigorous imprisonment for 10 years, while appellant Shanti was convicted for an offence under section 324 I.P.C, and sentenced to rigorous imprisonment for six months. The judgment of the learned Sessions Judge, against which this appeal has been preferred is dated December 16, 1971.
(2.) 1 have heard the arguments of the parties and perused the record,
(3.) The Prosecution case is that Surja Jat resident of 22 PTD police station Raisingnagar, was residing in a ''dhani" in Killa No. 25 square No. 91. Adjacent to his "dhani" there lived Jat-Sikh Teja Singh. The complainant Surjaram and his wife Mst Kununa had no issue, and, therefore, kept his brother Nanu and his wife Mst. Shanti to live with him with their children. Two days before the occurrence, Mst. Kunana however, quarrelled with Nanu and asked Surja Ram to turn him out as he was dealing in illicit liquor. Instead, he brought a tent from some Sunder Singh and asked Nanu and his wife to live in the tent outside his house. Both Nanu and his wife began to live in the tent. On 27th February, 1971, when complainant Surjaram had gone to Raisingnagar with Teja Singh, Nanu quarrelled with Mst. Kunana and beat her in the presence of Gajansingh who was living next to Tejasirigh, Gajan Singh went and informed them at 23 PAS that Mst. Kunana died on account of the "gadansi" and axe blows, inflicted by the accused persons. The medical evidence in this case was that Mst. Kunana had received the following injuries : (1) Incised wound on scalp right parietal region 3'x 1"x 1' bone underneath was completely cut and the brain was exposed. (2) Incised wound on scalp right parietal region crossing right ear 6"x ⅓"x bone deep underlying bone was completely cut and the brain was exposed. (3) Incised wound on scalp occipital region right side 5''x 11/2 bone underlying completely cut and brain was exposed. (4) Incised wound right shoulder region 21/2 x 1/2 underlying bone acromion process of right scapula was cut. (5) Incised wound right forearm upper third dorsal aspect 3 x 1x 1/2x. (6) Incised wound right hand base of second and third linger l"x 1" x 1/2". (7) Incised wound left-hand palm 3"x l"x 1/2". (8) Incised wound above left leg knee 1 x 1/2" x 1 /2". (9) Incised wound on left leg skin 11/2 " x 1/2 x ⅓ . The death was on account of shock and haemorrhage due to multiple injuries, specially the skull injuries. The Medical Officer also happened to examine Nanuram after his arrest and found the following two simple injuries on his person (1) Incised wound l1/2 x 1/2'x 1/2" on right little finger medical aspect. (2) Incised wound oblique in direction 2"x 1/2"x 1/2" cutting the underlying bone superficially on scalp occipital region.;