S.S.BYAS,J. - (1.) BY his judgment dated January 30, 1988, the learned Addl. Sessions Judge (4), Jaipur City, Jaipur convicted the accused Banshi under Section 302, IPC on a charge of uxoricide and sentenced him to imprisonment for life with a fine of Rs. 100/ -, in default of the payment of fine to further undergo one month's rigorous imprisonment. The accused has come up in appeal and challenges his conviction.
(2.) BRIEFLY stated the prosecution case is that Smt. Vimla aged about 25 years at the time of her death was the daughter of PW 10 Jetha Ram she was married with the accused 12 or 13 years ago. The accused did not treat her kindly and used to beat her off and on. She gave birth to three female and one male children from the accused PW 2 Basanti is the eldest of the children. Due to the ill -treatment of the accused, Vimla left her husband's roof and came to live with her parents in Adarsh Nagar, Shanti Marg, Jaipur with her children. The accused approached Jetha Ram PW 10 and asked him to send Vimla with him and assured him that he would not ill -treat her any more in the future. He brought letter Ex. P 6 from his sister's husband in which Jetha Ram PW 10 was assured that the accused would no more ill -treat or beat Vimla and that he (brother -in -law) would stand a surety for that. Jetha Ram, how ever, did not fee assured and he asked the accused to give him in writing that he would keep Vimla affectionately and would not beat her. The accused thereupon executed agreement Ex. P 1 on 11 -11 -1985 and thus satisfied Jetha Ram to no more ill -treat Vimla Vimla thereafter came to live with the accused in Teela (locality) No. 7 Jawahar Nagar, Jaipur with her children including Basanti. On 4 -3 -1986, the accused sold a costly Saree of Vimla for Rs. 300/ -. This was resented by Vimla. When the accused went to his hut in Jawahar Nagar, Vimla raised the protest against his selling her Saree. This resulted in a quarrel between him and Vimla. The accused knocked down Vimla and beat her. Basauti PW 2 went to her mother's sister Gyanwati PW ; who was living only two huts away and brought her to the accused's hut. Gyanwati tried to intervene, Her husband Natwar PW 3 and some other persons meanwhile also come there. The accused left Vimla and addressed dirty abuses to Gyanwati. This took place at about 3.00 p.m. Gyanwati and others who had collected on the spot went away to their huts. The accused also left his hut and went out. He returned to his hut in the afternoon. Again a quarrel took place between the accused and Vimla The accused felled her down, set over the chest and started pressing her neck. Vimla was groaning. Basanti PW 2 was present in the hut at that time. The accused left Vimla gave one rupee to Basanti and asked her to out and bring biscuits. Basanti did not go out and the accused again asked her to go out and bring the biscuits. The accused took up a Saree lying on the cot. After some time, Bastanti returned and found the shutter of the hut closed from outside. She opened the hut and went inside She found to her horror that her mother was hanging by a Saree tied on a wooden beam of the roof. The accused was missing. Basanti immediately went to Gyanwati PW 1 and appraised her of what she has seen in the hut. Gyanwanti hurriedly came to the hut of the accused and found her sister Vimla hanging by a Saree with its cad tied on the beam of the roof. Some other persons including Natwar PW 3 father -in -law Babu PW 4 and Prakash PW 6 also reached there. They freed Vimla from the noose and placed her on the cot. She was unconscious and not breathing, Natwar PW 3 went to Jetha Ram and brought him on the spot. Jetha Ram and other took Vimla in an auto rickshaw to S.M.S. Hospital, Jaipur. The doctor on duty examined her and declared her dead. Jethu Ram went to Police Station, Jawahar Nagar and presented written report Ex. P 7 at 5.45 p.m. Though no case was registered at that time. The Station House Officer Ashok Kumar PW 13 went to the hospital and found the victim's dead body lying in the mortuary. He prepared the inquest report Ex. P 4 and requested the hospital authorities to conduct the post mortem examination of the victim's dead body. The post mortem was conducted next day on 5 -3 -86 at 1.45 p.m. by at Medical Board consisting of Medical Jurist Dr. Tripathi PW 16 and two other doctors. They found that the victim was well built and fairly nourished. They noticed She following over the dead body: Legature present on front and both lateral side of neck. Length of legature mark is 20 cm and width 2 cm. on front one centimeter on both side of neck. It extends from 4 cm below the left ear lobule covering left lateral side of neck parallel to mendable and on front side above, Adom's apple and extending on right side and laterally along the margin on right side and laterally along the margin of mendable, reaching upto just near right mastoide process. The gap between the former end later and is 13 cm The legature mark is day, hard, groaned and parchment libe. On dessection under neath tissue is pale glistening of blood in the soft tissued. On further examination no fracture of hyoid bone no displacement of cricoid cartileged and fracbi found congested Ligature mark ante mortem in nature.
(3.) IN the opinion of the doctors, the cause of death was asphyxa as a result of pressure on neck. The post mortem report prepared by them is Ex. P 12. On 8 -3 -1986, the police registered a case under Section 306, IPC and proceeded with the investigation. Before that, the Station House Officer inspected the site and prepared the site plan Ex. P 8. He seized an Saree banging by the beam. It was seized and scaled. The accused was arrested on 13 -3 -1986. On his medical examination, a linear healed scare of 0.5 cm. was noticed on his middle finger as per injury report Ex P 3 prepared by Medical Jurist Dr. Kochar PW 8. After when the investigation was over the police presented a. challan against the accused in the court of the Judicial Magistrate (12), Jaipur City, Jaipur, who in his turn committed the case for trial to the court of Sessions. The case came for trial before the learned Additional Sessions Judge (4), Jaipur City, Jaipur He framed charges under Sections 302, 306 and 498A, IPC against the accused to which he pleaded not guilty and faced the trial. He denounced the whole prosecution story as a false and fabricated piece of concoction and claimed absolute innocence. In suport of its case, the prosecution examined 16 witnesses and filled some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Additional Sessions Judge found no material to convicted under Sections 306 and 498A, IPC. He, how ever, that held the accused had caused the death of his wife Vimla by pressing her neck and thereafter hanged her body a Saree with the beam of the hut. The accused was consequently convicted and sentenced as mentioned at the very out -set.;