RAM MANI Vs. STATE OF U.P.

JUDGEMENT

(1.) THE present Criminal Appeal has been filed by Ram Mani Appellant against the judgment and order dated 8.4.1983 passed by the Sessions Judge, Gonda, convicting the Appellant Under Section 302, I.P.C. and sentencing him to imprisonment for life.

(2.) APPELLANT Ram Mani was prosecuted in connection with the incident alleged to have taken place on 18.6.1982 at about 9.00 a.m. in village Malhipur, district Gonda. It is said that the Appellant committed the murder of his wife Smt. Dhokhapa U.P According to the prosecution case, Smt. Dukhna is the mother -in -law of the accused -Appellant and lived in the house of the Appellant along with the encased Smt. Dhokhapati. It is said that on 18.6.1982 at about 9.00 a.m. accused came to his house after ploughing his field and saw that Smt. Dukhna, mother -in -law of the accused, was cooking food while his wife Smt. Dhokhapati deceased was leisurely lying on the cot. It is said that seeing the Appellant Smt. Dhokhapati deceased got up and washed her face but the accused reprimanded Smt. Dhokhapati for lying on the cot. The accused did not relish the attitude of his wife that his mother -in -law, being an old lady, was cooking food while she was lying on the cot. It is said that Smt. Dhokhapati also retorted back and on this some altercation took place between the husband and the wife and upon this, the accused picked up a spade and assaulted Smt. Dhokhapati with the said spade. It is said that on receiving spade injury, Smt. Dhokhapati fell down in the courtyard. It is said that Smt. Dhokhapau raised alarm and hearing the alarm, several persons reached there and they caught hold of the accused and tied him with a rope. P.W. 5 Siya Ram nephew of the accused called P.W. 1 Bhagwati Chaukidar and then Bhagwati Chaukidar lodged a report at 11.30 p.m. on the same day at Police Station, Gaura Chauraha, District Gonda. It is said that after registration of the case, the police party came to the village and sent Smt. Dhokhapati for medical examination. She was medically examined by Dr. Arun Kumar Gupta P.W. 5, Medical Officer Memorial Hospital Balrampur District Gonda, on the same day at 8.30 p.m. Smt. Dhokhapati died on 19.6.1982 at about 6.40 a.m. at Balrampur Hospital District Gonda.

(3.) IN the meantime, the statement of the accused was also recorded Under Section 164, code of Criminal Procedure before the Magistrate in which the accused admitted the guilt and stated that he scolded his wife because her mother was cooking food and she was lying on the cot. It is said that there was an altercation between husband and wife and then he gave a slap to her but the deceased also grappled with him and in the said scuffle, he lost his mental control and he picked up a Kudal and struck her with the said Kudal. He clearly stated that he wanted not to kill his wife but in the fit of rage, he assaulted the deceased with the Kudal which hit on her head. He further stated that he wanted not to give spade blow on the head of the deceased but it appears that per chance the Kudal landed on the head of the deceased. He also stated that his wife also assaulted him and he received head injury. In the last, he clearly stated that he had no intention to cause that much of injuries to her but this incident took place due to rage.