SHIV KUMAR SHARMA, J. - (1.) Challenge in this appeal is to the judgment dated March 27, 2004 of the learned Special Judge (Communal Riots/Mansingh Murder) Jaipur whereby Satish Nirankari, the appellant before us, was convicted and sentenced as under:- U/S. 302, IPC. To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer three months simple imprisonment. U/S. 309, IPC. To suffer simple imprisonment for six months and fine of Rs. 200/-, in default to further suffer one month imprisonment. Sentences were ordered to run concurrently.
(2.) The prosecution story is woven like this:- Informant Pramod Bhatnagar (P.W. 12) handed over a written report on November 2, 1995 at Police Station Gandhi Nagar Jaipur with the averments that on the preceding day around 5. 30 p.m. his daughter Pooja (since deceased) proceeded to attend MBA classes. When she did not return till 9 p.m. he became worried. Around 10 p.m. he was informed by one Ashok that Pooja was admitted to SMS Hospital Jaipur. He rushed to the hospital where he found Pooja dead. On being enquired it came to his notice that is was Satish (appellant) who had killed Pooja by administering and squeezing her neck. On that report a case was registered and investigation commenced. Dead body of Pooja was subjected to autopsy, statements of witnesses were recorded, necessary memos were drawn, the appellant was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge (Communal Riots/Mansingh Murder) Jaipur. Charges under Sections 302 and 309, IPC were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 16 witnesses. In the explanation under S. 313, Cr. P.C. the appellant claimed innocence. It was stated by him that Pooja was madly in love with him and wanted to marry him but her parents did not agree for their marriage. Therefore they both decided to commit suicide and consumed copper sulphate. He however consumed small quantity of poison in comparison of Pooja. When Pooja started vomiting he went out of the room for help and when he returned back, he found her hanging. He untied the noose of cable wire and she was removed to the hospital by the neighbours. No witness in defence was however examined. On hearing final submissions learned trial Judge convicted and sentenced the appellant as indicated herein above.
(3.) As per post-mortem report (Ex. P-4) following ante mortem injuries were found on the dead body:- 1. A ligature mark 29 cm. x 0.5 cm. placed 8 cm. above supra sternal notch in mid line and is nearly transversely all around the neck, another ligature mark commencing from the left side of the upper border of ligature mark no one above 3 cm from the mid line and is running obliquely upwards, backwards laterally and disappearing in hairs just post to the left mastoid process and it is 06 cm. below left ear lobule. Right side 2 cm from the upper border of ligature mark no one running obliquely, upwards backwards and laterally up to below right mastoid process and it is 04 cm. below right ear lobule the ligature mark number one is deep and upper one is not deeper brown coloured. 2. Haematoma 5 cm x 4 cm on occipital region. Medical Board that conducted autopsy on the dead body opined that the cause of death was asphyxia due to pressure on neck with ligature. SEQUENCE OF EVENTS :;