GODHAN Vs. STATE

JUDGEMENT

(1.) This is an appeal from jail by one Godhan who has been convicted Under Sec. 302, Penal Code for committing the murder of his wife Smt. Jagrani on the night between the 31st May and 1-6-1953 inside his house in village Chakwa Buzurg, PS Kotwali, Etawah, and has been sentenced to imprisonment for life.

(2.) The prosecution case is that on the night of the occurrence the accused asked the deceased for water but she did not give it to him, that he then asked her to give him the key of the box so that he could take out the matchbox from it, that she did not get up and covered her face, that he then picked up the upper slab of the grind stone which was lying there and struck her with it on the head and caused her death, that thereafter he ran out of the house and concealed himself in the marha. The report of the occurrence was made by Chhota chowkidar the next morning on 1-6-1953 at 6 AM at the Police Station Kotwali which is at a distance of 8 miles from Chakwa Buzurg. After the report Sri Sukhbir Singh, Station officer, Kotwali Etawah, reached the scene of occurrence. He found the dead body of Smt. Jagrani inside the house. He prepared the inquest report, took the slab of grind-stone in his possession, recovered a key from the neck of the deceased which was hanging by a string and took some other articles also in his possession. He sent the dead body to the Civil Surgeon, Etawah for postmortem examination The postmortem examination was performed by Dr. A. H. Khan, Civil Surgeon, on 2-6-1953 at 6-15 O'clock in the morning. He found that the deceased was about 16 or 17 years old and her death had taken place about 30 hours before the postmortem examination. He found a contused wound on the right side above and behind the right ear It was slightly curved in shape with no tapering. He also found an abraded contusion on the right external ear. The internal examination revealed extensive fracture of the bones of the skull as mentioned in the postmortem report. Death was due to coma following compression of the brain due to fracture of skull bones.

(3.) The accused was caught by his relations who reached the scene of occurrence on hearing a thumping sound. It is said that he confessed before them having committed the murder of his wife and the reason given by him for it was that she had refused to comply with his orders for supplying a glass of water and handing over the key of the box containing the matches. The accused after his admission in the jail pretended to be mad. He was therefore kept under observation by the Civil Surgeon. The Civil Surgeon was of the opinion that the accused was not of unsound mind. After this report the accused was put up on trial before Sri Kunj Behari Lal Srivastava. He examined the accused. He did not agree with the report of the Civil Surgeon and he was of the opinion that the accused was of unsound mind and was incapable of undertaking his defence. He, therefore, ordered on 1-5-1954 that the accused should be detained in the District jail, Etawah, till arrangements for his admission in the Mental Hospital, Banaras, were made. He was subsequently sent to the Mental Hospital, Banaras and he was kept there under observation for some time. On 4-6-1955 information was received from the Superintendent, Mental Hospital, Banaras, by the Superintendent, District jail, Etawah, that the accused was in a fit state of mind to stand his trial. Information of it was sent to the Session Judge on 16-6-1955 and thereafter the trial of this case started. The accused admitted that Smt. Jagrani was his wife. He stated that he was mad and remained so for five or six years and therefore he could not say what he did during that period, that he recovered his senses only seven or eight months before when he was in the lunatic asylum. He denied that he was feigning madness after the occurrence.