SINGH, J. - (1.) Heard learned counsel for the appellant and learned Public prosecutor for the State and perused the record.
(2.) The facts of the case may be summarised as below :- Smt. Savitri was the wife of the appellant. Since no child was born to her the appellant married another woman. On account of second marriage the relations between Savitri and the appellant became tense. On the night intervening 8th and 9th February, 1974 Smt. Savitri died in unnatural circumstances. Information about her death was given at the Police Station Bhadra by the appellant himself at about 10 a.m. on 9th February, 1974. In the first information report the appellant stated that on the preceding night at about 3 a.m. he woke up in order to help his father to go to urinal, and after his father replied to the call of nature, the appellant heard the sound of throwing of something coming from the room on the first floor. He, therefore, went to the room in which his first wife Smt. Savitri was living and found that the body of Smt. Savitri was hanging from the ceiling to which it was tied with a rope. Just below the body there was a stool which was in a dislocated position. It was further stated in the first information report that the appellant tried to lift the body of Smt. Savitri but failed. Therefore, he pulled the rope with which Smt. Savitri was hanging so that rope might get broken but in place of breaking of the rope the hook to which the rope was tied came out of the ceiling and the body of Smt. Savitri fell on the ground. It was also stated that after the body of Smt. Savitri fell on the ground the appellant cut the rope with a blade and placed the body of Savitri on a cot. Thereafter Savitri inhaled one or two breaths and died: It was also stated that the appellant called Phoola Ram, Kurda Ram and Prabhu Ram who lived in the neighbourhood and told them that Smt. Savitri had committed suicide because the appellant had celebrated a second marriage. Police registered a case on the basis of the first information report submitted by the appellant and started proceedings under S. 174 of the Criminal Procedure Code. The Station House Officer of the police station, Bhadra inspected site on which dead body of Smt. Savitri was lying. He found that there were injuries on the dead body. Pieces of four 'beedis' and some match-sticks were also found near the dead body. At the time of inspection of the room where the dead body was lying the Station House Officer of the Police Station found that one hook made of iron was fastened to the ceiling and two pieces of rope were hanging from the hook, one of them was four feet long and the other was three feet long. Another hook was lying on the ground, both the hooks appeared to have been fastened to the hook without any twisting at the other end. None of them was sufficient to bear the weight of a human being and when some pressure was applied to the hook which was fastened to the ceiling it easily came out with the two pieces of rope fastened to it. Inquest, report was prepared in which it was opined that Smt. Savitri died an unnatural death and her death was not on account of suicide and that the first information report given by the appellant at the police station was not correct.
(3.) Post-mortem examination of the dead body of Smt. Savitri was conducted. It was found that she died on account of strangulation. On 10th February, 1974 Police registered the case under S. 302 of the Indian Penal Code. The appellant was arrested and it was found that he had injuries on his hands and legs and he was medically examined, 9 abrasions were found on his body which are entered in the Medico Legal Report Ex. P-10. After investigation a challan was submitted in the Court of learned Munsif and Judicial Magistrate, Bhadra who committed the case to the Court of learned District and Sessions Judge, Sri Ganganagar. Later on the case was made over to the learned Additional District and Sessions Judge No. 1, Hanumangarh who tried the case. The charge under S. 302 of the IPC was framed against the appellant who pleaded not guilty to the charge.;