PRITAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High court of Rajasthan in criminal appeal No. 202 of 1965 on its file, wherein the High court allowed the appeal filed by the State and set aside the order of acquittal made by the Trial court and convicted the appellant under Section 302, Indian penal code and sentenced him to suffer, imprisonment for life.

(2.) The prosecution case is that the appellant cut and killed his wife mst. Dalip Kaur on the night of22nd/23rd of December, 1963. It is brought out in the evidence that on the night in question the appellant and his wife were sleeping inside their room. The father of the deceased, who was sleeping outside, heard shrieks in the middle of the night and thereafter he saw the appellant rushing out of the room. He questioned him as to what had happened. Then he told him that he had killed his wife and that if he came in the way he would also meet the same fate. So saying, he left the place and went away. Inder Singh, the father of the deceased, informed the brothers of the appellant as well as the Sarpanch of the village as to what had happened. Several villagers gathered at the scene of the occurrence. The appellant returned to his house in the early morning of the 23rd. Meanwhile information had been sent to the morning of the 23rd along with Dr. Karnal Nayan. At that time, the doctor found on the dead body of the deceased as many as eight injuries. The appellant had also two injuries on his person. After investigation, the appellant was charged with the murder of his wife.

(3.) During the trial of the case, the appellant took the plea of self- defence. According to him, while he was sleeping on his cot on the night in question, at about midnight, the deceased gave a blow to him with a nihani. Then he got up. His wife again gave a blow with the Nihani, on his neck. At that stage he gave a push to her. She fell down on the cot. She again stood up. Then he picked up an axe which was lying there and pushed her again as a result of which she fell down on the cot. While she was lying on the cot, he gave her two or three blows with the axe as a result of which she died. Thereafter he placed her dead body on the cot and covered the same with a quilt. After that he left the axe there and started for the police station. When he covered about 3/4 Murabbas, he fell down. He regained consciousness in the morning and then returned to his house.