CHHOTE LAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Chhotey Lal who has been convicted under Section 302 I P C and sentenced to imprisonment for life

(2.) BRIEFLY stated the prosecution case was this. Chotey Lal appellant, who is an employee of the Central Railway, lived with his wife Smt. Sheo Kanya in a house in Mohalla Tha-kuryana Jhansi On 16-9 1963 when Chotey Lal returned to his house after finishing his duty at 12 O'clock in the night, his wife opened the door for him He entered the house and bolted the door behind him. As he proceeded inside somebody who had hidden him self in the outer court-yard, suddenly came out. unbolted the main door and ran away The appellant suspected his wife's chastity and consequently stabbed her with the knife (Ex 4) He was seen killing her by Chunbad (P W 1 ). After murdering his wife the appellant went to the Police Outpost Garhia Phatak six furlongs away from his house, and lodged the first information report (Ex Ka-7) at 4. 45 a. m. On the way he broke the blood stained knife into two and threw it into a bush. The blood stained trousers of the appellant were taken into possession by the police at the Outpost. On the arrival of Sri R. C. Saxena In-charge Police Outpost Garhia Phatak the appellant was interrogated and he stated that he came to the Marshal Yard with the knife and broke it and threw it there. He took the Sub-Inspector to the bush and recovered the knife from there in the presence of three witnesses, including Baldeo (P W 5) and Mohd. Shaft (P W 6)

(3.) DR. N. R. Bhatia (P W 3), who per-formed the post mortem examination on the dead body of Smt. Sheo Kanya, found the following ante-mortem injuries on her person: