SHYAM SUNDER BYAS, J. - (1.) THE appeal is directed against the judgment of the learned Additional Sessions Judge, Jalore dated July 29, 1976, by which the appellant Khusala was convicted under Sections 302 and 309, IPC and was sentenced to imprisonment for life with a fine of Rs. 200/ - on the first count and to six months' rigorous imprisonment with a fine of Rs. 500/ -on the second count. Substantive sentences were directed to run concurrently.
(2.) BRIEFLY recapitulated, the prosecution case is that Smt. Aaiji was married to the accused Khusala nearly 10/12 years before 1975. Smt. Aaiji give birth to two children. The accused and Smt. Aaiji along with their children were living separatety from his parents in a Dhani which they had raised in a field in village Oadkha P.S. Barmer. The relations between the husband and wife, however, could not remain sweet. At about 6.45 p.m. on May 5, 1975, PW 3 Raichand uncle of the appellant, appeared at Police Station, Banner and presented written report Ex.P. 3. It was stated there in that the father of the accused came to him and informed him that the appellant had committed the murder of his wife Aaiji and her dead body was lying in his Dhani. The police registered a case under Section 302, IPC and proceeded with investigation. The Station House officer deputed the Assistant Sub Inspector Daulatsingh (PW 12) to make the investigation. PW 12 Daulatsingh arrived on the spot and found the victim's dead body lying in the accused's Dhani. Since night had over -come, he could not proceed with the investigation. Next day, he prepared the inquest report of the victim's dead body and prepared the site plan. He found the blood scattered around the dead body. There were injuries on the neck of the victim's body. He collected the blood -stained soil and seized and sealed it. The post mortem examination of the victims dead body was conducted at about 2.45 p.m. on May 26, 1975 by PW 1 Dr. Calla the then Medical Officer Incharge, Government Hospital, Barmer. The doctor noticed the following ante -mortem injuries on the victims dead body: External - -(1) Cut wound on the neck side extending from the medical end of right clavicle to the back right side to the spines and deep upto the muscles 6' deep. It is 8' x 8' x 6'; (2) Cut wound on the neck front part. It is 4' x 4' x traches oesophagus deep. Internal - -(1) Trachea was cut into two parts transversely. The doctor was of the opinion that the cause of death was injuries sustained on the neck with sharp weapon cutting trachea and right side of the neck, resulting in external bleeding and shock. The post mortem examination report, issued by him is Ex P 1. The accused was arrested at about 9.00 p.m. on May 27, 1975 at a place nearly two miles away from his Dhani in village Oadkha. At the time of his arrest, letter, Ex.P 6 was found in his possession. Specimen hand writing of the accused were taken and were sent to the State Forensic Science Laboratory, Jaipur to find out whether Ex P 6 is in his handwriting The finding of the Forensic Science Laboratory is that the accused was the scribe of the letter Ex P 6. In Ex.P 6, he admitted to have killed his wife Aaiji. The investigation also revealed that before his arrest, the accused went to PW 4 Bankaram of his village and confessed before him that he had killed his wife Aaiji by inflicting injuries to her with a sword. He requested Bankaram to help him as Bankaram had been a peon in the judicial court. Bankaram advised him to approach the police. A bloodstained sword was recovered in consequence of the information furnished by the accused whilst in police custody. On chemical examination, blood found on the sword was of human origin as per report Ex.P 35 of the Serologist A search of the Dhani of the accused was taken Letters Ex.Ps 18&19 were found in a tin -box. They were seized and sealed. It also transpired during investigation that after committing the murder of his wife Aaiji, the accused tried to commit suicide. On the completion of investigation, the police presented a crime report against the accused in the Court of the Judicial Magistrate, Jalore, who, in his turn, committed the case for trial to the Court of Sessions. The learned Sessions Judge framed charges under Sections 302 and 309 IPC against the accused, to which he pleaded not guilty and faced the trial. He denounced the whole prosecution story and claimed absolute innocence. Regarding letter Ex. P 6, he admitted that it was in his handwriting. He, however, avoided letter Ex. P 6 by saying that it was got written from him during investigation by the Investigating Officer by playing a trick on him. The accused pleaded alibi and stated that on the day of the alleged incident, he was away at Barmer. In support of its case, the prosecution examined 17 witnesses and filed some documents. In defence, the accused examined two witnesses, one of whom is his father Laxman. On the conclusion of the trial, the learned Sessions Judge found no merit in the defence plea of the alibi and held the charges duly proved against the accused. The accused was consequently convicted and sentenced as mentioned at the very out -set. Aggrieved against his conviction, the accused has taken this appeal.
(3.) WE have heard Mr. P.R. Chaudhary learned Counsel for the appellant and the learned Public Prosecutor. We have also gone through the case file carefully.;