P.P.NAOLEKAR, J. - (1.) This appeal is directed against the conviction and sentence of the accused-appellant under Section 302, I.P.C. for life and under Section 201, I.P.C. for two years rigorous imprisonment and a fine of Rs. 51/-, in default of payment of fine to undergo fifteen days rigorous imprisonment, for causing death of his wife Smt. Rishal Kanwar.
(2.) Prosecution case in short is that Dule Singh P.W. 14, brother of the accused lodged an F.I.R. at Police Station Sujangarh, that his younger brother the appellant aged about 22 years was married to Rishal Kanwar, about two years back and they were living separately in village Sandan. In the morning, Ramchandra Brahmin informed him that he was told by Durjan Singh that he has given beating to Rishal Kanwar and thrown her in Dungari Wala well. On this information, he along with Ram Chandra and other persons of the village went to Dungari Wala well and saw Rishal Kanwar lying inside the well. On a closer look in battery light, they saw the dead body of her and, the therefore, the matter is being reported to the police. On this information, the investigation agency came into action. The accused was arrested on 23-5-1977 and a shirt, underwear (kachchha) and sandals were seized from his person. The dead body of Smt. Rishal Kanwar was taken out of the well, which was 60 feet to 70 feet deep and dry and the clothes kanchali, odhana, etc. were seized. Along with the dead body, one sword was also recovered.
(3.) The dead body was sent for autopsy. P.W. 21 Dr. K. D. Duggar conducted post-mortem. The post-mortem report is Ex. P/7. The following injuries were found on the dead body :- "Wounds:- (1) A lacerated wound 1" x 1/2" on left clavicle near medial end. (2) A lacerated wound 11/2" x 1/2" on right scapula. (3) A lacerated wound 1/2" x 1/2" near medial condyl of left upper arm. (4) A lacerated wound 1/2" x 1/2" near medial condyl of left upper arm. (5) A lacerated wound 3/4" x 1/2" on left leg 1/2" below left knee joint medially. Bruises/abrasion : A. Abrasion 2" x 1" an left side forehead. B. Abrasion 6" x 2" irregular in shape on lower part of left side of Abdomen. C. Abrasion 2 1/2" x 1/2" on Right side of chest near nipple and sternum. D. Many small abrasions from 3/4" to 1/4" in length and 1/2" x 1/4" on both side chest. E. Abrasion 11/2" x 1/2" on left side of chest below and near medial end left clavicle. F. A bruise 6" x 11/2" on right side of abdomen. G. A bruise 2" x 1/2" cm right side of Abdomem below the above injury No. F. H. Abrasion 6" x 11/2" on upper part of left thigh laterally. I. Multiple abrasion of various size 1 2/3" to 1/2" x 1/2 to 1/4" on left thigh. J. Multiple abrasion of various sizes 1 1/2" to 1/2" x 1/2" to 1/4" on right thigh more on medial. aspect. K. Abrasion 4" x 1" on back below left scapula. L. Multiple abrasion of 1" to 1/4" x 1/2" to 1/4" on back. M. A Haematoma 2" x 2" around a lacerated wound near medial end of left clavicle. Fracture : (1) Left Neck of Femur. (2) Left hip bone near iliac crest. (3) Left clavicle near medial end. (4) Fracture of ribs (as above)." ;