- (1.) The sole appellant was tried by the Additional Sessions Judge, Jaipur City, Jaipur for the offence punishable under Section 302 IPC in Sessions Case No. 5/93. The charge against the appellant was that he committed murder of his wife Smt. Shyamali at about 8.10 p.m. On May 28, 1993 in the room which was in his possession as a tenant in Govind Nagar, Amer Road, Jaipur. He was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- vide judgment dated, March 19, 1994. In default of payment of fine, he was awarded three month's rigorous imprisonment.
(2.) The facts of the case are extensively set out in the impugned judgment of the trial Court and they indicate that at the time of incident, the informant Amit Chaudhary who was seeing television in his house, heard cries coming from downward of his house. He, immediately rushed there and found the appellant's wife was lying on the floor and the appellant was string her with some article of iron. The room where the occurrence took place was in possession of the appellant as a tenant. Other tenants, namely, Virendra Soni and Man Singh also came there. They tried to prevent the appellant from striking to his wife, but he did not pay any heed on their request on the contrary, turned violently towards them. The appellant thereafter, went on the roof of the house and started throwing stones on them. Some one informed the Police at Police Station, Brahmpuri, about the incident on telephone and the police came at the scene of occurrence. PW. 9 Shri Om Prakash Saini, Dy. S.P Amer Circle, also arrived at the spot on getting wireless message from the S.H.O., Brahmpuri. A. written report of the incident (Ex.P 1) was given to Police by the informant Amit Choudhary at 9.25 p.m. The S.H.O., after receiving the report, went to the police station for registration of the case where crime No. 128/93 under section 302 IPC was registered at 9.35 p.m. on the same night. After registration of the case, usual investigation was made by the Dy. S.P Shri Om Prakash Saini. The appellant Haridas was arrested in the night of incident itself vide Ex.P 5. Inquest report (Ex.P2) of the dead body was prepared in the night and thereafter, the body was made over for post-mortem examination, which was conducted by PW. 10 Dr. Vivekanand, Medical Jurist, S.M.S. Hospital, Jaipur vide post-mortem examination report Ex.P 14. On examination, he found the following injuries on the dead body : 1. Lacerated would 3x1.5 cm. x muscle deep on left knee cap. 2. Lacerated wound 1.5 x 1/2 cm x muscle deep on area 1 cm. above injury No. 1. 3. Incised wound 8 cm. x 2 cm x muscle deep on posterior- lateral aspect of right fore arm middle ⅓ tailing medially and downwards placed obliquely. 4. Multiple incised wounds varying in size from 4 x 8 cm x muscle deep placed over right arm lateral aspect right elbow joint laterally and anteriorly right hand dorsal aspect, right thumb and right ring finger dorsal aspect. 5. Incised wound 2.5 x 1/2 cm x muscle deep on right maler region of face placed obliquely telling downwards and laterally. 6. Multiple incised wounds varying in size from 4 cm x 1.5 muscle deep to 1 x 1/4 cm x skin deep placed over posterior aspect of left fore arm upper ⅓ telling downward, left thumb dorso medial aspect, Lt. index finger dorsal aspect, dorsum of left hand 7. 3 abrasions of size 9 cm. x 1/4 cm, 3 x 1.4 cm and 1 x 1/4 cm on Rt. thigh lower 1 /3rd posterior lateral aspect. 8. Multiple abrasions varying in size from 33 cm x 1.5 cm to 1 x 1/4 cm. placed obliquely and vertical from right mamary region to let aliae region and on front of chest. 9. Incised wound 9 cm x 5 cm x cavity deep loops of intestine lying outside with multiple cuts which are through and through on direction area below it shows partially attached pieces of 9th and 10th rib after they are cut. Further the underlying lever tissues of right lobe of liver is badly crashed along/crushing of left log also whole are is full of clotted blood right side of diaphragm covering lever also shows multiple cuts and inner surface of lower part of sternum shows haematoma on right side of sternum whole area of abdominal cavity around this wound at its inner surface is showing haematoma. The stomach is lying separately outside body oblique its cut ends at both ends and it is cut at its lesser curvature in about 24 cm in length at lesser curvature. The part being elastic cannot be measured exactly, it is empty. 10. Incised wound 2.5 cm x 1/2 cm x skin deep on right side oack on chest placed obliquely in lower 1 /3rd. 11. Incised wound 1/2 cm. x 1/4 cm. x skin deep on area 5 cm. below injury No. 10 on right side back.
(3.) The Doctor opined the cause of death of the deceased Shyamali as the shock brought out as a result of the injuries mentioned above, specially injuries to inside organs of her body-lever. Intestine and stomach. Injury No. 9 by itself was sufficient to cause her death in the ordinary course of nature. After usual investigation, the Police submitted a charge-sheet against the appellant in the Court of the Additional Chief Judicial Magistrate No. 5, Jaipur City, Jaipur, who committed the case to the Court of Sessions Judge and from where it was made over to the Court of Additional Sessions Judge No. 1, Jaipur City for trial.;