SHYAM SUNDER BYAS, J. - (1.) MAHIDEETASINGH the appellant was convicted under Section 302, I.P.C. and sentenced to imprisonment for life with a fine of Rs. 300/ - in default of the payment of fine to further undergo two months rigorous imprisonment by the learned Sessions Judge, Sri Ganganagar by his judgment dated November 4, 1981. He has come -up in appeal and challenges his conviction.
(2.) PUT briefly, the prosecution case is that the accused and his wife Smt. Gurtej Kaur (the deceased -victim) were residents of Chak 54 -F. The accused and PW 1 Roopsingh were sharers -crop with Balbirsingh and were working in his field situated in Mauja Maceasar PS Padampur district Sri Ganganagar in the year 1981. Smt. Gurtej Kaur, aged about 22 years at the time of the incident, also, used to work along with her husband in the fields of Balbirsingh. The accused suspected his wife having illicit relations with Balbirsingh. Five days before the incident, while the accused and his Wife were working in the field of Balbirsingh, he noticed Balbirsingh talking merrily and cracking jokes with Smt. Gurtej Kaur. Smt. Gurtej Kaur was then plucking cotton bolls in the field. She was running here and there and Balbirsingh was following her. This further strengthened the accused's suspicion. In the evening, he asked her as to what was the matter. She confessed before him that she was in illegal intimacy with Balbirsingh for the last five months. She did not disclose this fact to him as she was threatened by Balbirsingh that in case she disclosed this intimacy to the accused, he would put her and the accused to death. The accused asked her to get Balbirsingh caught red handed with her. She promised to do so. However, she did not keep her words. This enraged the accused. In the noon of February 7, 1981, while the accused and his wife Smt. Gurjet Kaur were in their Kotha, he picked up an axe and inflicted blows with it on her neck. As a result, Smt. Gurjet Kaur met instantaneous death on the spot. The accused closed the Kotha, locked it and went to PW I Roopsingh, who was then working in the field of Bilbirsingh. The accused narrated the incident to him and stated that he had killed his wife. He sought his advice as to what he should do. Roopsingh PW 1 advised him to go to the Police Station and report the matter there. The accused thereafter went to Police Station, Padampur and verbally lodged report Ex. P 24 at about 3.30 p.m on the same day. The police registered a case under Section 302, I.P.C. and took tip the investigation. The accused produced two keys which were seized and sealed by the Investigating Officer. The accused was also wearing Lungi (Article 1) which had stains of blood. It was also seized and sealed. The Investigating Officer Balwant Rai PW 7 arrested the accused. The accused made a disclosure statement, recorded in Ex. P 26, to the effect that he had placed his blood -stained shirt which he was wearing at the time of the incident and the axe with which he inflicted the blows near the cot of the deceased in his Kotha. The Investigating Officer took the accused to his Kotha where the lock was opened. The axe (Article 3) and the blood stained shirt were found near the cot on which was lying the victim's dead body. All these articles were seized and sealed. The investigating officer prepared the inquest report and Panchnama of the dead body. The post -mortem examination over the victim's dead body was conducted by PW 4 Dr. Iqbalsingh the then Medical Officer Incharge, Government Dispensary, Padampur. He noticed the following injuries on the victim's dead body: External (1) Incised wound 5 -1/2 c.m. x 1 c.m. x 3 c m. anterior of neck at thyroid cartilage transversally; (2) Incised wound 6/1 -2 c.m. x 3/1 -2 c.m., transversally anterior -right lateral to neck 3/4 c.m. interior to injury No, 1; (3) Incised wound 4 c.m. x 1 c.m. x 3 c.m. transversally anterior to right lateral of neck 1/1 -2 cm. interior to injury No. 2; (4) Incised wound 3 c.m. x 1/2 c.m. x 1 cm. anterior to neck transversally 1/2 c.m. superior to injury No. 1; (5) Incised wound 5/1 -2 cm. x 1/1 -2 c.m. x 2 c.m. superior to thyroid cartilage transversally anterior to neck. Internal Compound fracture of hyoid bone; Thyroid cartilage 2nd and 3rd and 4th tracial rings. The doctor was of the opinion that Smt. Gurtej Kaur had died due to haemorrhage, shock, syncope and cutting of right carotid vessels. The postmortem examination report prepared by him is Ex. P 13. The seized articles were sent for chemical examination. On the completion of investigation, the police presented a challan against the accused in the Court of Munsif cum Judicial Magistrate, Padampur, who, in his turn, committed the case for trial to the Court of Sessions. The learned Sessions Judge framed a charge under Section 302, I.P.C. against the accused, to which he pleaded not guilty and claimed to be tried, In support of its case, the prosecution examined seven witnesses and filed some documents. The defence taken by the accused was that in the noon on the day of the incident, he went to his Kotha and found the door closed. He pushed the shutters, went inside and found his wife bleeding with wounds near the cot was lying an axe. He locked the Kotha and went to the Police Station. He told the SHO that some body had killed his wife and her dead body was lying in the Kotha. His report was not written at that time. Later on, the police registered a case against him with the connivance of Balbirsingh. He denied that he had lodged report Ex. P 24. On the conclusion of the trial, the learned Sessions Judge found no substance in the defence version and held the charge duly brought at the doorsteps of the accused. The accused was consequently convicted and sentenced. Aggrieved against his conviction, the accused has taken this appeal. We have heard Mr. M.L. Garg learned Counsel for the accused -appellant and the learned Public Prosecutor. We have also gone through the case file carefully.
(3.) MR . Garg has not challenged the opinion of PW 4 Dr. Iqbalsingh about the cause of death of Smt. Gurtej Kaur We, therefore, need not discuss the medical evidence in details. We have gone through the testimony of PW 4 Dr. Iqbalsingh and find no good or cogent reasons to distrust his opinion. Suffice it to say that the death of Smt. Gurtej Kaur was not natural but homicidal.;