VERMA, J. - (1.) This appeal is directed against the order of the learned Distt. and Sessions Judge, Banswara, dated 25th Oct., 1993 whereby he had convicted the appellant Gauttam for life imprisonment under S. 302, IPC for killing his wife Soni on 10-4-92 at about 8-00 p.m. at his residence. The incident is said to have occurred on that date when appellant Gauttam had asked his wife Smt. Soni (deceased) to go to 'Natray' which was declined by the deceased wife. The appellant was got annoyed on such refusal and thereafter he assaulted his wife with 'Wooden patia of Chakki' and hit her, on her head, with it. The appellant being not satisfied with this beating, again attacked his wife with 'Kulhadi' (axe) and then again with knife. So much so, the appellant removed the clothes of the deceased and pierced her vagina with knife.. He ran away after killing his wife.
(2.) On the facts mentioned above, an F1R was registered being FIR No. 32/92 under S. 302, IPC. The FIR was reported by Sh. Naku (PW-2), resident of Surajpura. It was stated by Naku that appellant Gauttam S/o Mangla was residing 200 yds. away from his house. He has got one daughter and four sons. It was reported to him today at 6-00 a.m. by daughter of appellant Gauttam, Smt. Sita that on the last night at about 8-00 p.m., there arose some quarrel between her mother and father about attending some marriage and her father on getting not proper reply from her mother, killed her mother with wooden 'patia' and knife and dead body is lying at home and he had come to inform the police. On registering the FIR, the prosecution completed preliminary investigation and submitted the challan and accused was tried for the offence under S. 302 of the IPC.
(3.) The prosecution had examined 6 witnesses. Smt. Sita (PW 1) is an eye-witness and is the daughter of deceased and accused. She had deposed that at the evening time when father and children had taken the food, her father had asked her mother to go to 'Natray', but her mother refused and even Sita (PW 1) had also refused to go to 'Natray'. At this, her father lifted a 'Chakki' and hit her mother at her head and other parts of the body. Her mother had been requesting him not to hit her, but her father did not leave her. Her mother was able to free herself from him, but her father attacked her mother with 'Kulhadi' once again at her head and being not satisfied with this, her father once again took a knife and stabbed her mother at the head as well on the chest. Her mother was bleeding profusely and father then strangulated her mother with rope. She was threatened by the father not to tell this incident to any person. Next morning, after getting a chance, she went to the house of Naku (PW-2, complainant) and told the occurrence to him as well to one Mangu Ram. They had gone to police station. ;