- (1.) This is a jail appeal filed by Thavra against the judgment of the Sessions Judge, Pratabgarh dated December 11, 1974, by which he was convicted under section 302, I.P.C. and sentenced to undergo imprisonment for life.
(2.) Briefly stated, the prosecution story runs as follows :
(3.) On March 3, 1974, at about 7 a.m. Thavra appellant made a report to the police at police out-post Ninora that he had killed his wife Mst. Sajni with a stone and that her dead body was lying in a nullah known as Babawali. The above information was recorded by the Incharge of the police out-post in the daily diary. On the basis of this report the Station House Officer, Salamgarh, registered a criminal case under section 302. I. P. C. and made the usual investigation into the matter. At the time of his arrest, the appellant was wearing a blood-stained shirt. So it was taken off his body and seized and sealed by the police in the presence of Khima P.W. 11. The dead body of Mst. Sajni was recovered from the nullah and sent to General Hospital, Pratabgarh, for post-mortem examination. Dr. A. S. Chauhan conducted an autopsy over the dead body of sajni on March 4, 1974 and found the following external injuries on it : 1. Irregular lacerated wound about 11/2 x 1/2" x 1" deep to bone lateral to right eye can, thus, 2. incised wound 2"x 1/2" x 1/2" in front of right ear and part of external ear is also cut ; 3. tongue is also bitten anterior and part ; 4. incised wound 11/2" x 1/2" x 1/2" on the right back just fusion of occipital bone ; 5. lacerated wound 11/2" x 1" x 1/2" left side fusion of front parietal bone ; 6. incised wound lateral to angle of upper lip right side ; 7. lacerated wound 1/2" x 1" x 3/4" below chin to left side. Upon dissection of the dead body, he further noticed several internal injuries, which are described below ; 1. scalp punctured wound 11/2" x 31/2" x 1" outside lateral side to right eye canthus ; 2. lacerated wound 2" x 1/2" x ⅓" at the parotid region in front of right ear ; 3. skull depressed fracture of anterior to right temporal and posterior to frontal right side at the junction of fronto-parietal temporal junction ;;